Mens Rea Flashcards
Mens Rea
guilty mind at the time of the act to be held criminally liable.
There are 3 different types of mens rea
- specific intent
- general intent
- strict liability
- specific intent intent to cause a specific act to happen.
Defenses
specific intent- defenses
- voluntary intoxication
- unreasonable/reasonable mistake of fact
general intent defenses-
Specific Intent Crimes
first degree murder Assault burglary robbery larceny embezzlemeny False Pretenses Forgery All inchoate crimes - solicitation -attempt -conspiracy
Assault
= attempted battery
assault is a specific intent crime only if assault is defined as an attempted battery ie ( the specific intent to commit a battery.)
Burglary
intent to commit a felony inside the victim’s dwelling
Robbery
intent to permanently deprive victim of her property
conditional intent- a defendant may not negate a prescribed intent by requiring the victim to comply with a condition the defendant has no right to impose( ie I will hurt you unless you give me your wallet.
Larceny
intent to permanently deprive victim of her property
Embezzlement
intent to defraud
False Pretenses
intent to defraud
Forgery
intent to defraud
Inchoate Crimes
- solicitation
- attempt
- conspiracy
General Intent
intent to perform or cause the act which constitutes the actus reus.
general intent may be:
1. inferred from the act
- a jury may infer the required general intent from the fact that the defendant committed the act
First Degree Murder
first degree murder requires premeditation
unless otherwise defined murder is defined as second degree murder on the bar exam.
General Intent Crimes
Assault- threat- assault is a general intent crime where assault is defined as a threat.
- battery
- rape
- kidnapping
- false imprisonment
general intent- defense issues
no unreasonable mistake of fact defense
no voluntary intoxication
