General Principles Flashcards
Specific Intent Crimes defined
requires desire to do the act AND the desire to achieve a specific result
What are the SI crimes?
assault, murder in the first degree, larceny, embezzlement, false pretenses, conspiracy, robbery, forgery, burglary, attempt, solicitation
Malice
requires reckless disregard of an obvious high risk that harmful result would occur - common law murder
general intent
requires awareness of factors that establish the crime
general intent crimes
battery, rape, kidnapping, false imprisonment, arson
strict liability
requires simply doing the act - no mental state is required
strict liability offenses
statutory rape, selling liqour to minor, bigamy
acts
all voluntary bodily movements that are physical
omissions
failure to act can be the basis for criminal liability like when there was a legal duty to act, or knowledge of the facts that give rise to a duty or the ability to help
legal duty to act
created in 5 ways: statute, contract, status relationship (spouses, parent-child), voluntary assumption of care, or creation of peril