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15 Cards in this Set

  • Front
  • Back
CL MR Transferred Intent
Intent follows the bullet - limited to results that are the same type of harm that was actually intended
MPC Transferred Intent
Goes to causation
CL Specific & General Intent
Stat lang. = w/intent to
inchoate crimes (specific intent)
accessorial L = spec. intent
pers who knows a crime might occur, but does not intend that the crime occur is NG
CL Willing & Knowingly (Obique Intent)
D did not really intend the result, but knew that if he acted, the result was practically certain to happen & will be deemed to have intended it, even if he did not want it to happen.
(willfully blind)
(Willfully implied vol. - most cts req. est. knowingly)
CL Recklessness
conscous dec. to ignore a risk, of which D is aware that a bad result will occur or that a fact is present (D knows injury is risked but proceeds anyway)
D has not subjectively foreseen even the remotest possibility that harm may occur. Definied as degree of n or carelessness which is denominated as gross, & which constitutes such a departure from what would be the conduct of an ordinary careful & prudent man
MR is presumed to be req. to be proved, even if the legislature has not excplicitly req. a MR
CL MR stat
Incorporates a MR word, there is a strong arg. that MR word applies to every material element of the crime
(whoever knowingly kills a bald eagle)
CL Default position
Reckless or Knowingly
MPC Simple elements
terms rel. to items such as venue, juris, or SOL (unconnected w/the harm or evil, incident to conduct, sought to be prevented by the law defining the offense) [1.3]
MPC Material elements
Look to def. what "evil" the legisl wanted to prevent (i.e. anyone who kills a bald eagle commits a crime) - doesn't matter how it's done. (1) killing (2) bald eagles. Every material element in every stat must be modified by one of the mental culpability states [2.02]
wanton or culpable n. (only allowed in homicide - uses n to mitigate punishment for those who might otherwise be convicted of manslaughter
MPC Purposely
roughly the equivalent of intentionally under CL. Code req. D be aware, hope, believe, an attendant circumstance is true & that he entertain a conscious object to achieve the proscribed result.
MPC Knowingly
Essentially equivalent to "oblique intention" under CL. D acts knowingly if he knows that the result, although one he does not consciously seek to cause, is practically certain to occur should he cont' his course of action.
MPC Recklessly
D actually foresees that a harm may occur (consciously disregards). There is a substntail & unjustifiable risk. *Code DEFAULT