General Information Flashcards
Specific Intent
Requires doing an act with a specific Intent or Objective
Cannot be inferred from doing the act
Specific Intent Crimes
Solicitation Attempt Conspiracy Assault Larceny Robbery Burglary Forgery False Pretenses Embezzlement First Degree Premeditated Murder
Malice
Generally shown with (at least) reckless disregard of an obvious or high risk that a particular harmful result would occur
Applies to: Common Law Murder; Common Law Arson
General Intent
D must be aware that she is acting in the proscribed manner and that any attendant circumstances required by crime are present
Can be inferred from the D doing the act
Model Penal Code: “Purposely”
Conscious object to engage in act or cause a certain result
Model Penal Code: “Knowingly”
As to nature of conduct: aware of the nature of conduct or that certain circumstances exist
As to result: knows that conduct will necessarily or very likely cause result
Model Penal Code: “Recklessly”
Conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care
Model Penal Code: “Negligently”
Failure to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care.
Burglary
A breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure
Arson
The malicious burning of the dwelling of another