Mental States Flashcards
The Four Common Law Mental States
Specific Intent Crimes, Malice Crimes, General Intent Crimes, Strict Liability Crimes
Specific Intent Crimes
Solicitation, Conspiracy, Attempt, First Degree Murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery
Specific Intent Crimes Special Defenses
May use ANY MISTAKE OF FACT and VOLUNTARY INTOXICATION
Malice Crimes
Murder (second degree murder), Arson
Need Reckless Disregard
General Intent Crimes
Catch-All unless under strict liability
Strict Liability Crimes
Any defense that NEGATES INTENT, does not apply
Doctrine of Transferred Intent
No merger in this doctrine because there is always two victims.
Defenses and mitigating circumstances may also be transferred
Applies to homicide, battery and arson BUT NOT TO ATTEMPT
MPC Mental States
Purposely, Knowingly, Recklessly, Negligently
MPC Purposely
Conscious objective to engage in certain conduct
MPC Knowingly
Aware that conduct will very likely cause result
MPC Recklessly
Consciously disregards a substantial and unjustifiable risk
MPC Negligently
Fails to be aware of a substantial and unjustifiable risk