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20 Cards in this Set
- Front
- Back
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What is Actus Reus
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The act requirement; an affirmative act or omission - mere thoughts are not enough
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What is Mens Rea?
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The requisite state of mind that exists at the time the actus reus is committed and that must be proven before any criminal liability can attach.
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What are the two types of Mens Rea in the Common Law?
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General Intent and Specific Intent
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What is General Intent?
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General intent is the state of mind which can be inferred by the committing of the act itself.
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What is Specific Intent?
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Specific intent is the intent to do something more beyond the proscribed act; the extra mens rea stuff; "with the intent to" or "for the purpose to"
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What is Intent?
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Intent is defined as having a conscious object or knowing to a virtual certainty. In the MPC, intent is equal to knowledge.
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What is criminal negligence?
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a gross breach of a duty of care.
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What are the 4 states of mind under the MPC?
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Purpose, Knowledge, Recklessness, Negligence
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Definition of Purpose
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Intent to cause a result.
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Definition of Knowledge
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Awareness that a desired result will occur. Knowledge will be found if someone was wilfully blind (having some form of knowledge that something will occur, but not researching further into the conduct).
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Definition of Recklessness
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Awareness of a substantive risk but consciously acting anyway.
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Definition of Negligence
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A reasonable person should have been aware of a substantial risk.
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What is Strict Liability
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Liability without fault. No mens rea is required. We want to hold people culpable for certain acts. If a statute does not have mens rea clearly set forth in a statute, the ct will determine whether it is fair to hold a person strictly liable for their acts in public welfare situtations because there is little stigma attached, lower fines, fairness. [ex: food contamination]
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If the Ct. finds that it would not be fair to apply Strict Liability, the ct. can read Specific Intent into the statute through one of three factors. What are they?
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1. Desire for future conduct
2. Hope for future consequences 3. Knowledge of a circumstances element |
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What are 3 types of Actus Reus?
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Conduct, Circumstances, Result
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Mistake of Fact - Common Law
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Mistake of Fact may be a defense if the mistake was honest for Specific Intent crimes. If the crime required general intent, the mistake must be honest and reasonable, otherwise there is no excuse for a mistake of fact.
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Mistake of Fact - MPC
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The flip side of mens rea. Mistake of fact is a defense if it negates the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense.
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Mistake of Law - Common Law and MPC
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Ignorance of the law/Mistake of law is no excuse unless you can show one of three exceptions.
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Mistake of Law - What are the three exceptions?
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1. Lambert Exception (Notice)
2. 3. |
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What is required of the Lambert Exception?
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1. Morally neutral conduct on the part of the defendant
2. Statute criminalizes an omission |
