Mens Rea Flashcards
CL: mens rea intentional definition
purposeful, has knowledge that social harm is certain to occur
CL: specific intent crime examples
burglary, theft, larceny
CL: general intent crime example
battery
CL: what is required to show specific intent?
(1) proof of intent (2) proof of motive or (3) awareness of statutory attendant circumstances
CL: accepts transferred intent?
yes, but not always necessary
CL: Knowingly definition
a person has knowledge if (1) aware (2) correctly believes it exists
CL: how is willful blindness defined?
(1) believes there is high probability (2a) takes action to avoid (most jurisdictions dont require) (2b) fails to investigate.
CL definition of willfully
sometimes intentional sometimes evil
CL definition of negligence
gross deviation from reasonable person standard of care
CL definition of recklessness
proof that actor disregarded a 1. substantial and unjustifiable risk that
2. he was aware of
CL definition of malice
intentionally or recklessly
MPC does it have general and specific intent?
no
MPC What terms are used for mens rea?
purposely, knowingly, recklessly, and negligently
MPC definition of purposely
result or conduct: conscious object to engage or cause result. attendant circumstances: aware of of circumstances or believes/hopes they exist.
MPC definition of knowingly
result: aware that conduct will certainly cause result. attendant circumstances and conduct: aware that circumstances exist.
