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15 Cards in this Set
- Front
- Back
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CL MR Transferred Intent
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Intent follows the bullet - limited to results that are the same type of harm that was actually intended
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MPC Transferred Intent
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Goes to causation
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CL Specific & General Intent
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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 |
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CL Willing & Knowingly (Obique Intent)
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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) |
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CL Recklessness
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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)
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CL N
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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
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CL MR
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MR is presumed to be req. to be proved, even if the legislature has not excplicitly req. a MR
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CL MR stat
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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) |
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CL Default position
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Reckless or Knowingly
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MPC Simple elements
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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]
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MPC Material elements
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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]
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MPC N
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wanton or culpable n. (only allowed in homicide - uses n to mitigate punishment for those who might otherwise be convicted of manslaughter
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MPC Purposely
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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.
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MPC Knowingly
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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.
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MPC Recklessly
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D actually foresees that a harm may occur (consciously disregards). There is a substntail & unjustifiable risk. *Code DEFAULT
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