General Principles Flashcards
What mens reas exist in Pennsylvania?
- Intentionally
- Knowingly
- Recklessly
- Negligently
When does a person act intentionally?
It depends on the nature of the element of the offense.
- If the element involves the nature of the defendant’s conduct or a result thereof, it is their conscious object to engaged in conduct of that nature or to cause such a result.
- If the element involves attendant circumstances, they are aware of the existence of such circumstances or believe or hope that they exist.
When does a defendant act knowingly?
It depends on the nature of the element.
- If the element involves the nature of their conduct or the attendant circumstances, then the defendant acts knowingly when they are aware that their conduct is of that nature or that such circumstances exist.
- If the element involves a result of their conduct, then they act knowingly when they are aware that it is practically certain that their conduct will cause such a result.
When does a defendant act recklessly?
When they consciously disregard a substantial and unjustifiable risk that the material element exists or will result from their conduct. Disregard of the risk must be a gross deviation from what a reasonable person would do in the same situation.
When does a defendant act negligently?
When they should be aware of a substantial and unjustifiable risk that the material element exists or will result from their conduct. The failure to perceive it must be a gross deviation from how a reasonable person would act under the circumstances.
When is a defendant legally culpable for the conduct of another in Pennsylvania?
When the defendant:
- while acting with culpability sufficient for the commission of the offense, causes an innocent person to engage int he conduct;
- is statutorily liable for the conduct of the other person; OR
- is an accomplice of the other person in the commission of the offense.
When will a defendant be deemed an accomplice to a crime?
When they have the intent to promote or facilitate the commission of an offense.
How can somebody withdraw from being an accomplice?
By voluntarily withdrawing from the criminal endeavor before its completion AND
- fully thwarting the offense’s effectiveness OR
- timely warning law enforcement authorities or otherwise making suitable efforts to prevent the commission of the offense.
Can a person who is legally incapable of committing an offense still be an accomplice?
Yes.
Can a person who is a victim of an offense or whose conduct the offense’s definition makes inevitably incident to its commission be an accomplice?
No.
Can an accomplice be convicted even if the principal hasn’t been?
Yes.
Can you be an accomplice if you are an accessory after the fact?
No. But you will be liable for obstructing the apprehension, prosecution, conviction, or punishment of another for a crime.
Under what circumstances will a defendant be criminally liable if they are an accessory after the fact?
If they obstruct the apprehension, prosecution, conviction, or punishment of another for a crime.
What test for insanity does Pennsylvania use?
The M’Naghten Test, under which the defendant is not guilty if, because of a defect of reason due to a mental illness, they did not know either:
- the nature of and quality of the act OR
- the wrongfulness of the act.
The burden of proof is on the defendant to prove insanity by a preponderance of the evidence.
Does Pennsylvania recognize diminished capacity as a defense?
Yes, but it is limited only to prove that the defendant could not or did not have the specific intent to commit first-degree murder.
