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Question 0

What is the burden of production in criminal law?

Answer 0

Prosecution must present against the defendant, and then the defense has the burden of producing evidence of affirmative defenses

Question 1

What is probable cause?

Answer 1

Evidence supporting a reasonable suspicion a crime has been committed and the defendant is the one who did it

Question 2

Probable cause must be present before what?

Answer 2

An individual can be stopped and questioned

Question 3

What is the reasonable doubt test?

Answer 3

There must be an abiding conviction to a moral certainty of the truth of the charge

Question 4

What are the four elements of the reasonable doubt test?

Answer 4

1. D did the required act or omission
2. With the required mental fault
3. Under the required circumstances
4. Which produced the required harmful consequences

Question 5

What is mens rea?

Answer 5

Blameful or culpable state of mind

Question 6

What is the traditional approach to mens rea?

Answer 6

It changes depending on the crime the defendant is accused of (intentional, willful, negligent)

Question 7

If the law doesn’t include a mental state, what do the courts have to do?

Answer 7

Figure out if one applies, and what it should be based on legislative intent

Question 8

What is the MPC approach to mens rea?

Answer 8

Four basic levels of culpability

Question 9

Which approach is practiced more frequently when it comes to mens rea?

Answer 9

MPC, which is followed by two thirds of the states

Question 10

What does intent mean?

Answer 10

To consciously desire the result, or know that it is practically certain because of one’s conduct

Question 11

What is a person presumed to intend?

Answer 11

The natural and probable consequences of his acts

Question 12

How does the law figure out a person’s thoughts?

Answer 12

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

Question 13

What are the three types of intent?

Answer 13

• General intent
• Specific intent
• Constructive intent

Question 14

What is general intent?

Answer 14

Intent to perform an act even though the actor doesn’t desire the consequences

Question 15

What is the only thing that one must realize to be guilty of a general intent crime?

Answer 15

That by engaging in the physical act there is a substantial likelihood of harming another

Question 16

What are the general intent crimes?

Answer 16

(FI)R   R(IM)M  BANK    
- False Imprisonment
– Rape
– Recklessness
– Involuntary Manslaughter
– Murder (w/o intent to kill)
– Battery
- Arson
- Criminal Negligence
- Kidnapping

Question 17

What is the mnemonic to help remember general intent crimes?

Answer 17

(FI)R R(IM)M BANK

Question 18

If a statute doesn’t state the intent, would it be general or specific?

Answer 18

General is the threshold level of intent, so it will usually suffice

Question 19

Can you claim mistake as a defense to a general intent crime?

Answer 19

Not unless a reasonable, sober person would’ve made the same mistake

Question 20

What is specific intent?

Answer 20

Criminal acts done with intent to cause a specific criminal result (although that result doesn’t have to actually occur)

Question 21

What are the specific intent crimes?

Answer 21

SCAT Attempted 1st BRVm
- Solicitation
– Conspiracy
– Assault
– Theft
– All attempt crimes
– First-degree murder
– Burglary
- Robbery
- Voluntary manslaughter (w/ intent to kill)

Question 22

What is the mnemonic to help remember specific intent crimes?

Answer 22

SCAT Attempted 1st BRVm

Question 23

How do you know if a crime is a specific intent crime?

Answer 23

It will use words like intentional, deliberate, or purposeful

Question 24

Can you use mistake as a defense for specific intent crimes?

Answer 24

Yes, whether it is reasonable or not

Question 25

What is constructive intent?

Answer 25

Intent that can be inferred from recklessness or negligence

Question 26

If someone only intends a slight injury but actually inflicts a serious one, how are they punished?

Answer 26

By looking at the harm intended

Question 27

If someone intends a serious injury, but only inflicts a light one, how are they punished?

Answer 27

Guilty of the lesser crime because the intent to do the greater one is equivalent to intent to do the harm that actually resulted

Question 28

What are the MPC four basic levels of culpability?

Answer 28

1. purposely
2. knowingly
3. recklessly
4. negligently

Question 29

What is the minimum standard of the MPC culpability levels?

Answer 29

Recklessness

Question 30

MPC culpability says that a mental state applies to what?

Answer 30

Each element of the crime

Question 31

If the law says that a certain level of MPC culpability will suffice, can others also?

Answer 31

Yes, anything above it as well

Question 32

What are the keywords for MPC purposely?

Answer 32

Goal or Aim

Question 33

Define MPC purposely

Answer 33

Conscious object to cause a result or engage in that conduct, aware of the existence of the attendant circumstances and believing/hoping they exist

Question 34

What are the keywords for MPC knowingly?

Answer 34

Virtually Certain

Question 35

Define MPC knowingly

Answer 35

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

Question 36

Where does willful blindness fit into the MPC culpability levels?

Answer 36

Under knowingly, because you are aware of the high probability that you are committing a crime, but intentionally avoid ascertaining the facts

Question 37

Does failing to look, by itself, constitute willful blindness?

Answer 37

Only if you have reason to believe you’re doing something unlawful