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Criminal FYLSE > Page 3 > Flashcards

Page 3 Flashcards

0
Q

What are the keywords for MPC’s recklessly?

A

Consciously Disregards

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1
Q

What is the definition of recklessly according to the MPC?

A

Consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct

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2
Q

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?

A

Gross deviation

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3
Q

What are the keywords to define the MPC’s negligently?

A

Personally unaware

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4
Q

Define the MPC’s version of negligently

A

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

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5
Q

What does grossly negligent mean?

A

Risk so great/harmful that although the defendant wasn’t personally aware of it, a reasonable person would have been

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6
Q

What is an example of gross negligence?

A

Very egregious behavior like doing 80 km/h in a 25 km/h zone

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7
Q

What is ordinary negligence?

A

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

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8
Q

How does criminal negligence relate to duty?

A

Crimes that allege a deliberate breach of a pre-existing duty to protect others from foreseeable extreme risks are criminal negligence

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9
Q

What is the difference between ordinary and criminal negligence?

A

Criminal is negligence so gross as to be deserving of damages and punishment, and requires a more culpable mental state

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10
Q

When does recklessness become criminal?

A

When it produces a criminal result. Ie: street race that kills someone

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11
Q

How can there be transferred recklessness?

A

If the defendant’s conscious awareness of danger to one person will suffice to another person that is harmed

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12
Q

When is a reckless killing murder under the MPC?

A

When it is done under circumstances showing extreme indifference to the value of human life

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13
Q

How can social utility play a role in the MPC’s version of recklessness?

A

If someone was speeding because he was taking his dying daughter to the hospital, that can be considered

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14
Q

What are some examples of conduct that involve a high degree of unjustifiable homicidal danger?

A

– Firing a bullet into a crowd
– Playing Russian roulette
– Throwing stones off of a high roof

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15
Q

What happens if a person is more absent/feebleminded than a reasonable person?

A

Generally this will not be an exception

16
Q

What are strict liability crimes?

A

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

17
Q

What kind of penalties do strict liability crimes usually carry?

A

Relatively light

18
Q

Why were strict liability crimes created?

A

To help the prosecution deal with situations where mental state is hard to prove

19
Q

Can mistake of fact/ignorance of law exonerate a strict liability crime?

A

No

20
Q

If a statute doesn’t include a mental state, does that mean it is automatically strict liability?

A

No, it will be expressly stated if the legislature meant to impose strict liability

21
Q

What are the three major offenses that are usually strict liability?

A

Sexual acts with minors, traffic offenses, and regulatory offenses

22
Q

The higher the punishment, how likely is it that the crime is strict liability?

A

Unlikely

23
Q

The more serious the crime is to the public, how likely is it that the crime is strict liability?

A

Unlikely

24
Q

The more difficult it is for the prosecution to figure out the true facts, how likely is it going to be strict liability?

A

Likely

25
Q

If a crime is expected to have many prosecutions, how likely is it to be strict liability?

A

Likely

26
Q

What are the benefits of strict liability crimes?

A

Easier for prosecutions to get convictions, maximizes compliance with the law, and makes people extra careful

27
Q

What are the cons of strict liability?

A

Doesn’t comport with punishment theories, puts stigma on sometimes blameless people, and criminal conduct shouldn’t be based on convenience for the prosecution

28
Q

What are most strict liability crimes?

A
  • illegal liquor sales
  • sale of adulterated food or drugs
  • mis-branded items
  • violations of the narcotics act
  • traffic violations
  • sex crimes

Criminal FYLSE (52 decks)

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