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18 Cards in this Set

  • Front
  • Back

Culpable Mental States

Classified from highest to lowest:


* INTENTIONALLY
* KNOWINGLY
* RECKLESSLY
* CRIMINAL NEGLIGENCE

Intentionally

A person acts intentionally, when it is his conscious objective or desire to engage in the conduct or cause the result.

Knowingly

A person is aware of the nature of his conduct or that the circumstances exist. Or that his conduct is reasonably certain to cause the result.

Recklessly

A person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exists or the result will occur.

Criminal Negligence

A person acts with criminal negligence when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.

FYI

Strict Liability Offenses do not require a Culpable Mental State

FYI

If any offense requires a Culpable Mental State but none is listed, you must at least prove RECKLESSNESS 6.02C

Causation

Causation is the link between the ACT and the Result

Insanity

An affirmative defense that the actor did not know that his conduct was wrong. (Called the right/wrong test or "the McNaughten rule"

Mistake of Fact

A deffense to prosecution, (X grabbed the wrong book bag, one that looked the same as his, when leaving the class)

Mistake of Law

Is no defense (Ignorance of the law is no excuse)

Intoxication

Voluntary Intoxication does NOT constitute to the commission of crime.



Voluntary Intoxication can however be brought up at the sentencing phase

Duress

An affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was COMPELLED to do so by threat of imminent death or serious bodily injury to himself or another.



*You cannot commit murder and claim duress*

Entrapment

It is a defense to the prosecution that the actor engaged in the conduct charged because he was INDUCED to do so. Conduct merely affording a person an oppritunity to commit an offense does not constitute entrapment.

Criminal Attempt

An act amounting to more than mere preperation that tends but fails to effect the commision of the offense intended. All degree penalties from Class C misdemeanors up to Capital Felonies can be attempted. However one cannot attempt robery, manslaughter, criminally negligent homicide, reckless damage, or destruction.



*NOTE* An offense under this section is One Category LOWER thank the offense intended



Criminal Conspiracy

Two or more people engage to constitute the felony offense, and on or more of them performs an overt act in pursuance of the agreement.



*NOTE* The penalty is ONE DEGREE LESS than the felony conspired.

Criminal Solicitation

Requests, commands, or attemps to induce another to engage in a CAPITAL FELONY OR FELONY OF THE FIRST DEGREE.



You cannot be convicted on the word of the person solicited alone.



*NOTE* The penalty is ONE DEGREE MORE than the offense

Age Affecting Criminal Responsibility

0 -10 Years of age - No Responsibility


11-17 - Criminal/Delinquent responsibility


17 and up - You are an adult


14 year old can be tried as an adult for Capital Murder, any First Degree Felony, or an aggravated drug offense


15 year old can be tried as an adult for any felony