Mens REA Flashcards
1
Q
2 key CLAW mental states
A
intentional; knowledge
2
Q
Purposely MPC
A
conscious object to engage or cause that result
3
Q
Knowingly MPC
A
aware that harm is virtually certain to occur, but proceeds
4
Q
Reckless MPC
A
person with awareness of the risk disregards the risk but is not practically certain it will occur
5
Q
Negligence MPC
A
D is not aware of risk and just takes it
5
Q
If no mens rea is specified, what MPC mens rea is typically required
A
reckless
6
Q
Criminally liable for effects of shooting another when you miss
A
transferred intent
7
Q
4 parts of malice aforethought under CLAW
A
o 1. Intent to kill (express malice)
o 2. Intent to commit serious bodily injury
o 3. An abandoned and malignant heart or depraved heart
o 4. The felony murder rule applies
