mens rea Flashcards
intentional
purposeful or knowing conduct
willful
Acts purposefully or knowingly, with moral turpitude
Purpose
means that the conscious objective of the act is to bring about the prohibited result
specific intent crime
purpose or knowing the crime
specific intent defense
honest mistake, does not matter if unreasonable
inchoate offenses mens rea
intent almost always refers to an act that is done purposefully
Knowledge
means that the defendant knows, with almost absolute certainty, that the act will produce the prohibited result
Recklessness
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.”
general intent mens rea
recklessness and negligence are ok; general intent does not require a certain state of mind but instead just desire to commit the act
general intent mistake defense
must be honest and reasonable
Criminal negligence
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.”
concurrence
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.