Page 3 Flashcards
What are the keywords for MPC’s recklessly?
Consciously Disregards
What is the definition of recklessly according to the MPC?
Consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct
According to the MPC, recklessly involves what kind of deviation from the standard of conduct a law abiding person would observe in that person’s situation?
Gross deviation
What are the keywords to define the MPC’s negligently?
Personally unaware
Define the MPC’s version of negligently
Defendant should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct, and disregarding it is a gross deviation from the standard of conduct a law-abiding person would adhere to
What does grossly negligent mean?
Risk so great/harmful that although the defendant wasn’t personally aware of it, a reasonable person would have been
What is an example of gross negligence?
Very egregious behavior like doing 80 km/h in a 25 km/h zone
What is ordinary negligence?
Risk of such a degree and nature that the failure to perceive it constitutes a deviation from the standard of care that a reasonable person would observe in the situation
How does criminal negligence relate to duty?
Crimes that allege a deliberate breach of a pre-existing duty to protect others from foreseeable extreme risks are criminal negligence
What is the difference between ordinary and criminal negligence?
Criminal is negligence so gross as to be deserving of damages and punishment, and requires a more culpable mental state
When does recklessness become criminal?
When it produces a criminal result. Ie: street race that kills someone
How can there be transferred recklessness?
If the defendant’s conscious awareness of danger to one person will suffice to another person that is harmed
When is a reckless killing murder under the MPC?
When it is done under circumstances showing extreme indifference to the value of human life
How can social utility play a role in the MPC’s version of recklessness?
If someone was speeding because he was taking his dying daughter to the hospital, that can be considered
What are some examples of conduct that involve a high degree of unjustifiable homicidal danger?
– Firing a bullet into a crowd
– Playing Russian roulette
– Throwing stones off of a high roof
What happens if a person is more absent/feebleminded than a reasonable person?
Generally this will not be an exception
What are strict liability crimes?
Ones that prohibit engaging in behavior or causing a result, and the defendant is guilty if he does so without regard to his state of mind
What kind of penalties do strict liability crimes usually carry?
Relatively light
Why were strict liability crimes created?
To help the prosecution deal with situations where mental state is hard to prove
Can mistake of fact/ignorance of law exonerate a strict liability crime?
No
If a statute doesn’t include a mental state, does that mean it is automatically strict liability?
No, it will be expressly stated if the legislature meant to impose strict liability
What are the three major offenses that are usually strict liability?
Sexual acts with minors, traffic offenses, and regulatory offenses
The higher the punishment, how likely is it that the crime is strict liability?
Unlikely
The more serious the crime is to the public, how likely is it that the crime is strict liability?
Unlikely
The more difficult it is for the prosecution to figure out the true facts, how likely is it going to be strict liability?
Likely
If a crime is expected to have many prosecutions, how likely is it to be strict liability?
Likely
What are the benefits of strict liability crimes?
Easier for prosecutions to get convictions, maximizes compliance with the law, and makes people extra careful
What are the cons of strict liability?
Doesn’t comport with punishment theories, puts stigma on sometimes blameless people, and criminal conduct shouldn’t be based on convenience for the prosecution
What are most strict liability crimes?
- illegal liquor sales
- sale of adulterated food or drugs
- mis-branded items
- violations of the narcotics act
- traffic violations
- sex crimes
