FFOL2 Flashcards
What is an unconscionable act?
No liability unless gross negligence, mental disease, intoxication
What is the negative action rule?
Legal duty to act, defendant must have knowledge of the facts that creates the duty, it is reasonable for the defendant to perform the act. Omission to Act rule - failure to act.
What are the seven exceptions to the Negative Action Rule where you can be culpable for failing to act?
Gross Negligence (you’ve been warned not to drive but you do you so, hit someone, and they die (parents don’t come to aid of their child), special relationship (husband does not come to aid of child), statute (statutory duty - hit and run), duty based on contract (lifeguard), voluntary assumption of care (unreasonable abandonment), defendant creates peril and you have to come to the person’s aid (someone is injured on your property), and duty to control conduct of others (if it is known that your child has a propensity to be violent, you have the duty to control the acts of the child).
What is Mens Rea?
Mental State - if a guy is charged with conspiracy, what is the mens rea? specific intent
What is mens rea for rape?
general intent - some jurisdictions require specific intent.
Name specific intent crimes.
solicitation, intent conspiracy, pre-meditated murder, assault, attempted battery, burglary, larceny. Almost all crimes are specific intent.
Exceptions to specific intent?
Voluntary Intoxication - too drunk to form intent to commit a crime. For general intent crimes, this will not work as a defense.
What are ways to knock out mens rea?
Intoxication, insanity, mistake of fact, mistake of law
What is specific intent?
actual intent to do the prohibitive action of the particular crime.
Examples of general intent crimes:
Rape, Battery - volitional acts - does not have to be proven
Does strict liability have to prove mental state?
No. There is guilt without the mens rea. examples - statutory rape, bigamy, selling liquor to a minor
What is an example of willful wanton and reckless misconduct?
homicide with extreme disregard
What is an example of involuntary manslaughter?
Michael Jackson’s death. His doctor was convicted of criminal negligence - more than tort negligence but less than wanton and reckless misconduct.
What is the mens rea for arson?
Malice
Model Penal Code
does not follow common law mens rea - uses its own fault standards. Purposefully - defendant does an act with conscious objective/desire of causing the criminal result - equals specific intent in common law. Knowingly conscious awareness that criminal result is practically certain to occur - specific intent at common law. Recklessly - defendant is consciously aware of the fact that their act creates a substantial and unjustifiable risk that the crime will occur - gross recklessness or gross deviation from a law abiding citizen. Negligently - more than tort negligence but less than wanton conduct - unreasonable risk (objectively), reasonable person standard equals criminal negligence under common law.
