Page 2 Flashcards
What is the burden of production in criminal law?
Prosecution must present against the defendant, and then the defense has the burden of producing evidence of affirmative defenses
What is probable cause?
Evidence supporting a reasonable suspicion a crime has been committed and the defendant is the one who did it
Probable cause must be present before what?
An individual can be stopped and questioned
What is the reasonable doubt test?
There must be an abiding conviction to a moral certainty of the truth of the charge
What are the four elements of the reasonable doubt test?
- D did the required act or omission
- With the required mental fault
- Under the required circumstances
- Which produced the required harmful consequences
What is mens rea?
Blameful or culpable state of mind
What is the traditional approach to mens rea?
It changes depending on the crime the defendant is accused of (intentional, willful, negligent)
If the law doesn’t include a mental state, what do the courts have to do?
Figure out if one applies, and what it should be based on legislative intent
What is the MPC approach to mens rea?
Four basic levels of culpability
Which approach is practiced more frequently when it comes to mens rea?
MPC, which is followed by two thirds of the states
What does intent mean?
To consciously desire the result, or know that it is practically certain because of one’s conduct
What is a person presumed to intend?
The natural and probable consequences of his acts
How does the law figure out a person’s thoughts?
Based on their words and actions in light of all the surrounding circumstances. What he says and does has a bearing on what he had in mind
What are the three types of intent?
- General intent
- Specific intent
- Constructive intent
What is general intent?
Intent to perform an act even though the actor doesn’t desire the consequences
What is the only thing that one must realize to be guilty of a general intent crime?
That by engaging in the physical act there is a substantial likelihood of harming another
What are the general intent crimes?
(FI)R R(IM)M BANK - False Imprisonment – Rape – Recklessness – Involuntary Manslaughter – Murder (w/o intent to kill) – Battery - Arson - Criminal Negligence - Kidnapping
What is the mnemonic to help remember general intent crimes?
(FI)R R(IM)M BANK
If a statute doesn’t state the intent, would it be general or specific?
General is the threshold level of intent, so it will usually suffice
Can you claim mistake as a defense to a general intent crime?
Not unless a reasonable, sober person would’ve made the same mistake
What is specific intent?
Criminal acts done with intent to cause a specific criminal result (although that result doesn’t have to actually occur)
What are the specific intent crimes?
SCAT Attempted 1st BRVm - Solicitation – Conspiracy – Assault – Theft – All attempt crimes – First-degree murder – Burglary - Robbery - Voluntary manslaughter (w/ intent to kill)
What is the mnemonic to help remember specific intent crimes?
SCAT Attempted 1st BRVm
How do you know if a crime is a specific intent crime?
It will use words like intentional, deliberate, or purposeful
Can you use mistake as a defense for specific intent crimes?
Yes, whether it is reasonable or not
What is constructive intent?
Intent that can be inferred from recklessness or negligence
If someone only intends a slight injury but actually inflicts a serious one, how are they punished?
By looking at the harm intended
If someone intends a serious injury, but only inflicts a light one, how are they punished?
Guilty of the lesser crime because the intent to do the greater one is equivalent to intent to do the harm that actually resulted
What are the MPC four basic levels of culpability?
- purposely
- knowingly
- recklessly
- negligently
What is the minimum standard of the MPC culpability levels?
Recklessness
MPC culpability says that a mental state applies to what?
Each element of the crime
If the law says that a certain level of MPC culpability will suffice, can others also?
Yes, anything above it as well
What are the keywords for MPC purposely?
Goal or Aim
Define MPC purposely
Conscious object to cause a result or engage in that conduct, aware of the existence of the attendant circumstances and believing/hoping they exist
What are the keywords for MPC knowingly?
Virtually Certain
Define MPC knowingly
Knowledge of the nature of the act/omission, of the results that will follow, or of the attendant circumstances. Being practically certain that your conduct will cause a result
Where does willful blindness fit into the MPC culpability levels?
Under knowingly, because you are aware of the high probability that you are committing a crime, but intentionally avoid ascertaining the facts
Does failing to look, by itself, constitute willful blindness?
Only if you have reason to believe you’re doing something unlawful
