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Bar Exam – Criminal Law > Mens Rea (Mental State) > Flashcards

Mens Rea (Mental State) Flashcards

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1
Q

Types of Intent

Common Law

A

(1) Malice Intent
(2) General Intent
(3) Specific Intent

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2
Q

Types of Intent

Model Penal Code

A

(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligently

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3
Q

Malice Intent

Definition

A

Crimes in which the accused acts with at least

EXTREME RECKLESSNESS.

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4
Q

Malice Intent

Crimes

A

(1) Common Law Murder
(2) Arson
(3) House Burning
(4) Malicious Mischief

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5
Q

General Intent

Definition

A

Crimes in which the accused acted with at least ORDINARY RECKLESSNESS or GROSS NEGLIGENCE.

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6
Q

General Intent

Crimes

A

All crimes that do require malice intent or specific intent.

(1) Battery
(2) Rape
(3) Kidnapping
(4) Assault (Threats)
(5) Involuntary Manslaughter
(6) Voluntary Manslaughter
(7) Mayhem
(8) Criminal Trespass
(9) False Imprisonment
(10) Reckless Driving

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7
Q

Strict Liability

Definition

A

Crimes in which mental state is irrelevant.

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8
Q

Strict Liability (Crimes

A

(1) Statutory Rape
(2) DUI/DWI
(3) Bigamy
(4) Selling Liquor to a Minor
(5) Many regulatory, environmental, and welfare offenses

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9
Q

MPC Intent:
Purposely
(Definition)

A

Conscious intent to either engage in certain behavior or cause a certain result.

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10
Q

MPC Intent:
Knowingly
(Definiton)

A

Aware that conduct will or likely will cause a certain result.

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11
Q

MPC Intent:
Recklessly
(Definition)

A

Conscious disregard for a substantial and unjustifiable risk;
Constitutes a gross deviation from a reasonable person’s standard of care.

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12
Q

MPC Intent:
Negligence
(Definition)

A

Failure to be aware of a substantial and unjustifiable risk;

Failure constitutes a gross deviation from a reasonable person’s standard of care.

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13
Q

Concurrence of Physical Act and Mental State

Definition

A

Defendant must have the necessary mental state at the time of committing the act that constituted a crime.

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14
Q

Causation

Definition

A

Defendant’s criminal act must be the actual and proximate cause of the crime.

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15
Q

Actual Cause

Definition

A

Defendant’s criminal act lengthened or shortened the victim’s life.

But for the defendant’s criminal act, X would not have happened.

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16
Q

Defenses Negating Capacity

Types

A

(1) Insanity
(2) Intoxication
(3) Infancy

17
Q

Insanity Defense
M’Naghten Rule (Majority/Federal Courts)
(Test)

A

At the time of the crime the accused suffered from a

MENTAL DISEASE or DEFECT; and did not know his act was LEGALLY WRONG.

18
Q

Insanity Defense
Irresistible Impulse
(Test)

A

MENTAL DISEASE OR DEFECT;
DID NOT KNOW ACT LEGALLY WRONG;
COULD NOT RESIST.

19
Q

INSANITY DEFENSE
MPC
(Tests)

A

EITHER M’Naghten or Irresistible Impulse = NOT GUILTY.

20
Q

INSANITY DEFENSE

Burden of Proof

A

Defense must prove insanity by:
Preponderance
or
Clear and Convincing

21
Q

DEFENSES
Voluntary Intoxication
(Definition)

A

Consuming drugs and alcohol SELF-INDUCED or not under DURESS.
SPECIFIC INTENT only.

22
Q

DEFENSES

Involuntary Intoxication

A

Taking intoxication substance

(1) Without KNOWLEDGE of the substance’s PROPERTIES
(2) Under force or duress;
(3) Medical advice without knowledge of substance’s intoxicating effects.

23
Q

INFANCY Defense

Common Law Definition

A

Under 7 – No Criminal Liability
7 - 14 –Rebuttable Presumption of Criminal Liability
Over 14 – Treated as Adults.

24
Q

JUSTIFICATIONS, EXCUSES, DEFENSES

TYPES

A

(1) Self Defense
(2) Defense of Others
(3) Defense of Property
(4) Necessity
(5) Duress
(6) Mistake/Ignorance of Law
(7) Mistake/Ignorance of Fact
(8) Consent
(9) Entrapment

25
Q

AFFIRMATIVE DEFENSE

BURDEN OF PROOF

A

On Defendant by

PREPONDERANCE of evidence.

26
Q

SELF DEFENSE

NONDEADLY FORCE

A

(1) REASONABLY necessary to protect one’s self from (2) IMMINENT USE of UNLAWFUL force.

27
Q

SELF DEFENSE

DEADLY FORCE

A

(1) Confronted with IMMINENT DEATH or SERIOUS BODILY HARM
(2) NOT THE AGGRESSOR
(3) CONFRONTED with UNLAWFUL FORCE

Bar Exam – Criminal Law (1 decks)

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