Essential Elements of Crime: MENTAL STATES

Question 1

Common Law Mental States (4)

• What are they?
• Define them?

Answer 1

(1) Specific Intent- when the crime requires not just the desire to do the act, but also the desire to achieve a specific result
(2) Malice- When a D acts intentionally or with reckless disregard of an obvious or known risk
(3) General Intent- the defendant need only be generally aware of the factors constituting the crime; he need not intent a specific result (jury can usually infer general intent simply from doing of the act)
(4) Strict Liability- when the crime requires simply doing the act; no mental state needed

Question 2

The 11 Common Law Specific Intent Crimes

Answer 2

Crimes Against the Person:
1- assault
2- first degree premeditated murder

Property Crimes:
3- larceny
4- embezzlement
5- false pretenses
6- Robbery
7- Forgery
8- Burglary

Inchoate Crimes
9- Solicitation
10- Conspiracy
11- Attempt

Question 3

What are the two defenses available ONLY for common law specific intent crimes?

Answer 3

1- voluntary intoxication; and

2- an UNREASONABLE mistake of fact

Question 4

Common Law Malice Crimes (2)

Answer 4

Murder & Arson

Question 5

Common Law General Intent Crimes

Answer 5

• battery
• forcible rape
• false imprisonment
• kidnapping

Question 6

Two Types of Common Law Strict Liability Crimes

Answer 6

(1) PUBLIC WELFARE OFFENSES: regulatory offenses that implicate public health or safety and typically carry small penalties. [ex- transferring unregistered firearms; selling contaminated food; shipping adulterated drugs in interstate commerce]
(2) STATUTORY RAPE

Question 7

What happens when a statute establishes a culpable state of mind w/o indicating to which material elements of the offense it is to apply?

Answer 7

The statute will be interpreted as requiring that state of mind for EVERY material element of the offense.