HRS 702

Question 1

An offender is NOT considered responsible or is considered less responsible for an offense if the person…

Answer 1

• acted under duress
• was underage
• was insane
• acted in self-defense or in defense of a 3rd party
• was a victim of entrapment
• acted out of necessity

702-200

Question 2

What is a voluntary act

Answer 2

Bodily movement performed consciously or habitually as the result of effort or determination of the defendant

Question 3

What are the four states of mind

Answer 3

Intentionally
Knowingly
Recklessly
Negligently

702-204

Question 4

What are the three elements of an offense

Answer 4

1) conduct - actions or inactions that causes harm
2) attendant circumstances - criminal intent or guilty state of mind
3) results of conduct - external consequences

Question 5

Definition of Intentionally

Answer 5

• CONSCIOUS OBJECT to engage in such conduct
• is AWARE of the existence of such circumstances or believes or hopes that they exist
• CONSCIOUS OBJECT to cause such a result

Question 6

Definition of knowingly

Answer 6

• when he is AWARE THAT his conduct is of that nature
• AWARE that such circumstances exist
• AWARE that it is practically certain that his conduct will cause such a result

Question 7

Definition of omission

Answer 7

Failing to do something that is required by law

Question 8

Definition of recklessly

Answer 8

• When he/she consciously disregards a substantial and unjustifiable risk that…
• the persons conduct is of specified nature
• such circumstances exist
• his/her conduct will cause such a result

Question 9

Definition of negligently

Answer 9

When he/she SHOULD BE AWARE of a substantial and unjustifiable risk taken that…

• the persons conduct is of specified nature
• such circumstances exist
• his/her conduct will cause such a result

Question 10

When does state of mind NOT apply

Answer 10

Does not apply to violations unless included in the violation

Question 11

What makes a person an accomplice of another in the commission of an offense

Answer 11

• solicits the other person to commit it
• aids the other person in planning it
• having a legal duty to prevent the commission of the offense, fails to make reasonable effort to do so
• the persons conduct is expressly declared by law to establish the persons complicity

Question 12

What are the various legal defenses to criminal responsibility

Answer 12

Ignorance/Mistake
Intoxication
Duress
Military orders
Consent
Entrapment