Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
|
Culpable Mental States Defined |
Classified from highest to lowest: * INTENTIONALLY* KNOWINGLY * RECKLESSLY * CRIMINAL NEGLIGENCE |
|
|
Intentionally |
A person acts intentionally, or with intent, with respect to his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. |
|
|
Example of Intentionally |
* X points a loaded gun at Bill’s head and pulls the trigger. X intentionally caused Bill’s death, as it was X’s conscious objective or desire to engage in the conduct or cause the result.
* Murder/1st degree felony (5-99 years or life w/possibility of parole) |
|
|
Knowingly |
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. Or that his conduct is reasonably certain to cause the result. |
|
|
Example of Knowingly |
* X attempts to strike John in the arm with a baseball bat. John ducks and the bat strikes him in the head killing him. X knowingly caused John’s death as X was aware of the nature of his conduct or the circumstances existed.
* Murder/1st degree felony (5-99 years or life w/possibility of parole) |
|
|
Recklessly |
A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exists or the result will occur. |
|
|
Example of Recklessly |
* X points what he believes to be an unloaded gun at Charlie and pulls the trigger. The gun was loaded and Charlie died. X recklessly killed Charlie as X was aware of but consciously disregarded a substantial and unjustifiable risk the cir-cumstances existed or the result would occur.
* Manslaughter/2nd degree felony (2-20 years) |
|
|
Criminal Negligence |
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. |
|
|
Example of Criminal Negligence |
* While playing golf X sliced the ball outside of the course and it struck Rudy in the head. Rudy died. X killed Rudy with criminal negligence as X ought to have been aware of a substantial and unjust-ifiable risk that the circumstances existed or the result would occur.
* Criminally Negligent Homicide/State Jail Felony (180 days - 2 years) |
|
|
There are some situations in which a culpable mental state is not required for an act to be a crime. These are known as strict liability offenses and include crimes such as speeding and driving while intoxicated. |
FYI |
