Professional Documents
Culture Documents
Knowingly
Actor is
aware of a
high
probabilit
y of its
existence.
Recklessly
Negligentl
y
COMMONLAW INTENT
Purposely
Actors
conscious
objective
Common Law
- If MR unclear, look for leg intent
conscious obj to:
- If no MR for jurisdiction, SL
-engage in conduct;
- If MR listed in middle, modifies
-hopes circm exist;
elements after
-to cause result
Default: knowingly - stapleton
INTENTION
- Gen Int: any MR will do
- Spec Int: (1) requires proof of
Aware that:
-conduct is of such s objective/purpose to bring
about the harm OR listed in
nature;
statute
-circum exist;
Intentionall
- s conscious
-result virtually cert to
y,
objective; OR
occur.
Purposefull virtually certain to
y
occur.
deliberate ignorance
=
Knowingly
awareness,
positive knowledge
correctly believes,
Conscious disregard of sub and
or awareness of
risk that:
- engaging in such conduct;high probability to
exist AND
-proscribed circumstances exist;
deliberate action
-result will occur.
to avoid OR fails
SBJ STD
to investigate
(i) S&U risk; &
(Ostrich)
(ii) gross deviation of Std of Care
MPC
-
of reasonable person.
- just SHOULD have known,
doesnt need Willfully
to know
Act done w/ bad
OBJ STD
motive;
sometimes
intentional
Malice
Similar to
reckless, but
many times
requires intention
Reckless
Disregard of sub
and unj risk; not
give a damn
Negligence
Voluntary Act
Causation
p.25
Deviation of std of
care; fails to
appreciate risk;
obj std
Need at least 1 vol act for crimeif none, cant prove for even strict liability crime
- Involuntary act never blameworthy reflex/convulsion; acts during hypnosis;
unconsciousness or sleep; bodily movement not the product of conscious
effort or habit.
- Possession IS a vol act
Common Law
MPC
Actual Cause
- But for the actors conduct, would
the result have occurred?
- Concurrent when two actions
inflict same result (two gunshots
at same time both equally
culpable)
Proximate Cause
- Is result foreseeable from actors
conduct?
- Extremely unusual event prox.
Intervening Causes must supersede s
Common Law
-
Mistake of Fact
Mistake of Law
MPC
-
MPC
-
MPC
-
Vicarious Lia.
Attempt
p.28
NOT A DEFENSE
Ex: Law is not known to actor AND
not published or made available
Ex: Acted on reliance from: statute,
case, ad. order, off. interpretation
by individual who is officially
charged w/ interpret law
Ex: Lambert law is reg in nature,
passive in character, punishes
omission, and no notice.
Common Law
MPC
NEED:
1. SPECIFIC INTENT
2. Substantial Step (strongly
corroborates w/ s intentlying in
wait, searching for V)
ABANDONMENT DEFENSE: ONLY MPC
- Valid if (1) abandons crime or
prevents it from being committed,
and (2) s conduct manifests
complete renunciation of criminal
purpose.
Rape
p.10
Common Law
Sexual intercourse
w/o consent
- can be shown by females
resistance OR by failure to
resist due to fear
- by force
- Traditional: no force w/o
resistance to utmost. No
threats.
- Thompson: Force
coercion/threats; must be
actual physical force
- Rusk: force w/ reasonable
resistance or verbal resistance
- MTS: force = lack of consent
- Mistake = a reasonable mistake as
to consent is def.
Some courts now require affirmative
yes to show consent
MPC
Mens Rea: P, K, or R
Gross Sexual Imposition:
compelling by threat that would
prevent resistance by woman of
ord. resolution = guilty
p.
Common Law
MPC
MURDER
[No mal af. Req]
1. The killing of a human being by
another human being either:
i. purposely;
ii. knowingly; or
iii. recklessly under
circumstances
manifesting
extreme indifference to the value of
human life; OR
2. Felony Murder jury decides if acts
show extreme recklessness
[no premed req in mpc]
MANSLAUGHTER
1. Murder mitigated by Extreme
Emotional Distress
2. Mere reckless killing
Did the act from intense feelings
[subjective component] for which a
reasonable person in the actors position
would believe to be reasonable
[objective component]?
NO CRIM NEGLIGENCE shouldnt be
punished w/ MS for lacking conscious
disregard, neg killing = lesser crime of
neg homicide
NO FEL MURDER BUT, if death occurs
during crime, might prove recklessness