mens rea Flashcards

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1
Q

intentional

A

purposeful or knowing conduct

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2
Q

willful

A

Acts purposefully or knowingly, with moral turpitude

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3
Q

Purpose

A

means that the conscious objective of the act is to bring about the prohibited result

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4
Q

specific intent crime

A

purpose or knowing the crime

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5
Q

specific intent defense

A

honest mistake, does not matter if unreasonable

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6
Q

inchoate offenses mens rea

A

intent almost always refers to an act that is done purposefully

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7
Q

Knowledge

A

means that the defendant knows, with almost absolute certainty, that the act will produce the prohibited result

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8
Q

Recklessness

A

means that the defendant is aware that the conduct creates an unjustifiable risk, but ignores that risk and engages in the conduct anyway
“D knew the risk but didn’t care.”

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9
Q

general intent mens rea

A

recklessness and negligence are ok; general intent does not require a certain state of mind but instead just desire to commit the act

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10
Q

general intent mistake defense

A

must be honest and reasonable

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11
Q

Criminal negligence

A

creates an unjustifiable risk without subjective awareness that they are doing so, but a reasonable person would have been aware of the risk.
“D did not realize he created the risk, but should have, because a reasonable person in that situation would have.”

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12
Q

concurrence

A

requires the prosecution to prove that the act that caused the criminal result was actuated (set in motion) by the requisite criminal state of mind.

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