Mens Rea Flashcards
What are the four Common Law criminal mental states?
- Specific Intent
- Malice
- General Intent
- (Strict Liability)
What are the requirements for Specific Intent?
- Desire to do the act AND
- Desire to achieve a specific result
What are the crimes against persons that require specific intent?
- Assault
- First-degree premeditated murder (statutory)
What are the crimes against property that require specific intent?
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Forgery
- Burglary
What are the inchoate crimes that require specific intent?
- Solicitation
- Conspiracy
- Attempt
What defenses are available only for specific intent?
- Voluntary intoxication
- Unreasonable mistake of fact
What constitutes Malice at Common Law? (2)
Intentional or reckless disregard of obvious or known risk
What are the crimes that require Malice?
Murder
Arson
What constitutes general intent at common law?
Generally aware of the factors that constitute the crime
What are the crimes that require General Intent?
- Battery
- Forcible Rape
- False Imprisonment
- Kidnapping
What are the crimes that are subject to Strict Liability at Common Law?
- Public Welfare offenses
- Statutory Rape
NY QUESTION
What are the criminal mental states in NY/MPC? (5)
- “Intent” (NYPL) / “Purpose” (MPC)
- Knowledge
- Recklessness
- Negligence
- Strict Liability
NY QUESTION What constitutes intent/purpose (NY)/(MPC)?
Conscious desire to achieve a particular result
NY QUESTION What constitutes knowledge under the NYPL/MPC?
As to conduct: Awareness of what he’s doing
As to result: Practically certain that conduct will cause that result
NY QUESTION
What constitutes Recklessness under the MPC/NYPL?
- Awareness of substantial and unjustifiable risk, AND
- Conscious disregard for that risk
NY QUESTION
What constitutes Negligence under MPC/NYPL?
Actor should have been aware of a substantial and unjustifiable risk
What are the causation rules in criminal law?
Must satisfy:
- Actual cause (but-for) AND
- Proximate cause
What is the primary wrinkle to actual cause?
Accelerating cause:
An actual cause that accelerates an outcome (shoot somebody who’s going to die anyway) (Still an actual cause)
What is the test for proximate cause in criminal law?
Bad result is a natural and probable consequence of D’s conduct
What are the two wrinkles to proximate cause?
- Unforeseeable intervening event: D not liable
- Eggshell victims: D liable
What is the concurrence principle?
Actor must have the required mental state AT THE SAME TIME he engages in culpable act
(BUT see larceny and burglary)
