Mental States

Question 1

Define specific intent.

Answer 1

crime requires not just the desire to do the act, but also to bring about a specific result.

Question 2

Mental state required for: Assault

Answer 2

specific intent

Question 3

Mental state required for: 1st Degree Murder

Answer 3

specific intent

Question 4

Mental state required for: Larceny

Answer 4

specific intent

Question 5

Mental state required for: Embezzlement

Answer 5

specific intent

Question 6

Mental state required for: False Pretenses

Answer 6

specific intent

Question 7

Mental state required for: Robbery

Answer 7

specific intent

Question 8

Mental state required for: Forgery

Answer 8

specific intent

Question 9

Mental state required for: Burglary

Answer 9

specific intent

Question 10

Mental state required for: Solicitation

Answer 10

specific intent

Question 11

Mental state required for: Conspiracy

Answer 11

specific intent

Question 12

Mental state required for: Attempt

Answer 12

specific intent

Question 13

What two defenses are only available to specific intent crimes?

Answer 13

1. voluntary intoxication

2. unreasonable mistake of fact

Question 14

Define malice.

Answer 14

intentional or reckless disregard of an obvious or known risk

Question 15

Mental state required for: Murder

Answer 15

malice

Question 16

Mental state required for: Arson

Answer 16

Mental state required for:

Question 17

Define general intent.

Answer 17

D need only be generally aware of the factors that constitute the crime - no need to intend a result.

Question 18

Mental state required for: Battery

Answer 18

general intent

Question 19

Mental state required for: forcible rape

Answer 19

general intent

Question 20

Mental state required for: false imprisonment

Answer 20

general intent

Question 21

Mental state required for: kidnapping

Answer 21

general intent

Question 22

Define strict liability.

Answer 22

Proof of the act is sufficient for criminal liability - no mental state required.

Question 23

Mental state required for: public welfare offenses (transferring unregistered firearms, selling contaminated food, shipping adulterated drugs in interstate commerce, e.g.)

Answer 23

strict liability

Question 24

Mental state required for: statutory rape

Answer 24

strict liability

Question 25

Define Intent.

Answer 25

it is D’s conscious desire to achieve a particular result.

Question 26

Define Knowledge.

Answer 26

D is aware of what he’s doing and practically certain his conduct will cause the result.

Question 27

Define Recklessness.

Answer 27

D is aware of a substantial and unjustifiable risk, and consciously disregards that risk.

Question 28

Define Negligence.

Answer 28

D should have been aware of a substantial and unjustifiable risk but was not.