Specific vs. General Intent and Strict Liability Flashcards
1
Q
Specific Intent Crimes
A
Intent to commit the forbidden act AND achieve the harmful result
Note: can be any of the three mens rea terms other than negligently
2
Q
General Intent Crimes
A
Intent to commit the forbidden act but not necessarily the harmful result
Note: crime that has no mens rea term in it OR if it does then the mens rea term is recklessness or negligence
3
Q
Strict Liability
A
No intent needed, the mere physical act is enough to create liability
Usually reserved for non-serious crimes other than statutory rape
4
Q
Examples of Specific Intent Crimes
A
- 1st degree murder
- 2nd degree murder
- assault
- battery
- property crimes
- larceny
- receiving stolen property
- burglary
- Inchoate crimes such as attempt, solicitation, conspiracy
5
Q
Examples of General intent crimes
A
- Assault with a deadly weapon
- manslaughter
- arson
4.rape - trespass
6
Q
Strict Liability
A
Just need the actus reus to be guilty
7
Q
Examples of Strict Liability
A
- public welfare crimes
- traffic crimes
- felony murder
- lewd and lascivious conduct toward a minor
- rape