Mental State Requirements

Question 1

How many mental state requirement’s are present under the common law? (answer is a number)

Answer 1

Four

Question 2

What are the four mental state requirements under the common law?

Answer 2

1) Specific Intent
2) Malice
3) General Intent
4) Strict Liability

Question 3

What is specific intent under the common law?

Answer 3

This requires that a crime be committed with a specific intent or objective. ( The manner in which the crime was committed may give evidence of intent).

Question 4

What is Malice under common law?

Answer 4

The intent necessary for malice crimes require a reckless disregard of an obvious or high risk that the particular harmful result will occur.

Question 5

True or False: Defenses for specific intent crimes can be used for common law malice crimes.

Answer 5

False.

Question 6

What is general intent under common law?

Answer 6

General intent requires that the defendant intend to commit an act that is prohibited by law (whether the defendant intended the act’s result is irrelevant).

Question 7

What is strict liability under the common law?

Answer 7

Strict liability only requires that the defendant voluntarily commit the actus reus.

Question 8

True or false: The model penal code eliminates the distinction between general and specific intent?

Answer 8

True

Question 9

How many categories of intent are in the model penal code? (Number)

Answer 9

4

Question 10

What are the four categories of intent under the model penal code?

Answer 10

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

Question 11

What does purposely mean under the model penal code?

Answer 11

A defendant acts “purposely” when his conscious objective is to engage in the conduct or to cause a certain result.

Question 12

What does knowingly mean under the model penal code?

Answer 12

A defendant acts knowingly when the defendant is aware that his conduct is of the nature required by the crime or that circumstances required by the crime exist.

Question 13

What does recklessly mean under the model penal code?

Answer 13

A defendant acts recklessly when the defendant acts with a conscious disregard of substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct.

Question 14

What does negligently mean under the model penal code?

Answer 14

A defendant acts negligently when the defendant fails to perceive a substantial and unjustifiable risk.