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6 Cards in this Set
- Front
- Back
Mens Rea--MPC levels
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1. Purposely
2. Knowingly 3. Recklessly 4. Negligently |
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Mens Rea--MPC--Purposely
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regarding results--it is ∆'s goal or aim to engage in particular conduct to achieve a certain result.
re attendant circumstances-- ∆ must be aware of the existence of such circumstances OR ∆ believes/hopes they exist. e.g. ∆ enters a occupied structure in order to commit a felony, he has acted "purposely" re whether or not the structure was occupied if he was aware that it was occupied or hoped that it would be. highest level of intent offshoot of CL "Intentionally" triggered by "intent to", or "specific intent to" |
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Mens Rea--MPC--Knowingly
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Results=∆ is virtually or practically certain that his conduct will lead to a particular result
Circumstances= ∆ must be aware that his conduct is of that nature or that such [attendant] circumstances exist. e.g. receiving stolen property willful blindness no defense 2nd highest level of intent subjective standard |
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Mens Rea--MPC--Recklessly
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∆ realizes that there is a substantial and unjustifiable risk that conduct will cause harm, but consciously disregards the risk.
Objective standard wrt whether ∆ undertook substantial and unjustifiable risk Subjective standard to determine whether ∆ consciously disregarded the risk minimum mens rea standard for most crimes; general intent akin to CL maliciousness. |
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MPC--Recklessness v. Negligence
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same degree of risk-taking.
difference between them lies in the fact that the reckless actor consciously disregards the risk, whereas the negligent ∆ inadvertently takes the risk. |
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Mens Rea--MPC Negligently
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∆ is unaware of and takes a risk that an ordinary person would not take
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