General Principles Flashcards
Specific Intent Crimes
D must have subjective desire, specific objective, or knowledge to accomplish prohibited result
FIAT:
1) First-degree murder
2) Inchoate offenses
3) Assault with intent to commit battery
4) Theft offenses
Malice Crimes
Reckless disregard for a high risk of harm; intent can be inferred from accomplishment of the act
Murder
Arson
General Intent Crimes
Requires intent to perform an unlawful act
Bad Kids Run Free:
Battery
Kidnapping
Rape
False Imprisonment
Strict Liability Crimes
No mens rea required
Statutory rape
Bigamy
Regulation of food/drugs
Principal
Person whose acts or omissions are the actus reus of the crime – must be present
Accessory Before the Fact
Accomplice who is neither physically nor constructively present at crime but who possesses intent
To withdraw: repudiate aid, countermand assistance before crime is in motion
Accessory After the Fact
Aids or assists a felon to avoid apprehension or conviction after commission of felony
Must know a felony was committed
Insanity - M’Naghten
D did not know either 1) the nature and quality of the act, or 2) the wrongfulness of the act, because of a defect of reason due to mental disease
Intoxication
Voluntary - defense to SI crimes if intent required not formed
Involuntary - defense when intoxication negates general intent