mental states Flashcards

1
Q

specific intent

A

doing an act with specif intent or objective

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2
Q

specific intent crimes

A

students can always fake a laugh even for ridiculous bar facts

soliciation, conspiracy, attempt, false pretenses, assault, larceny, embezzlement, first degree premeditated murder, robbery, burgarly, forgery

then get additional defenes: voluntary intoxication, and unreasonabel msitake of fact

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3
Q

general intent

A

D has an awareness of all factors constituting the crime; D must be aware that hey are acting in the proscribed way and that any required attendant circ exist

A jury can infer the required general intent merely from the doing of the act

examples: battery, rape, kidnapping, false imprisonment

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4
Q

strict liability

A

no MR required

D guilty from committing the act

If the crime is in the administrative, regulatory, or morality area and there are no adverbs in the statute such as “knowingly,” “willfully,” or “intentionally,” then the statute is meant to be a no intent crime of strict liability e.g. selling liquor to minors and statutory rape

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5
Q

MPC

A

purposefully: conscious objective to engage in certain conduct or cause certain result
* subjective

knowingly: awareness that conduct is of a particular nature or will cause a particular result; with knowledge that his conduct will necessarily or very likely cause the result
* subjective

recklessly: consciously disregarding a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in that situation
* objective and subjective

negligently: fail to be aware of substantially and unjustifiable risk, where such failure is a substantial deviation from the standard of care.
* objective

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