PS 307 Chapter 4

purpose

a person acts purposely with respect to a material element of an offense

subjective fault

fault that requires a "bad mind" in the actor

negligence

should have known the risks were high, but in fact didn't know

strict liability

criminal liability without subjective or objective fault

What test do you use to determine recklessness?

two-pronged test

specific intent crime

crime of criminal conduct caused the criminal harm; particular defense you can use that you cannot use with the general intent crime (Harris v. State) the attitudes represented by subjective fault where there's a bad mind or will that triggers the act

When people commit a reckless act they are...

creating a risk of harm that they don't intend to actually happen, but they are aware that it has been created; aware of risk and disregard it

causation

crime of criminal conduct causing criminal harm; about holding an actor accountable for the results of her conduct

general intent crime

criminal intent to commit the act in person (did they intentionally commit the act); applies to crimes of criminal conduct; used most commonly in the cases to mean the intent to commit the criminal act as defined in a statute

mens rea

criminal intent; draw inferences from the defendants state of mind; "mental elements" and "mental attitude"

True/False: The element of causation applies only to "bad result" crimes.

true

Model Penal Code has 4 mental states:

purpose, knowledge, recklessness, and negligence

In the Model Penal Code, the most blameworthy state of mind is

purposely

Which of the following statements is true regarding recklessness and negligence?

recklessness is about consciously creating risks; negligence is about unconsciously creating risks

objective fault

requires no purposeful or conscious bad mind in the actor

True/False: Mens rea translated means "evil state of mind."

true

True/False: Proving criminal causation requires proving both factual and legal cause.

true

True/False: The four levels of culpability or intent in the Model Penal Code are purposely, knowingly, recklessly, and negligently.

true

True/False: reckless defendants know they're creating risks of harm.

true

Factual cause is also known as which of the following?

"but for" cause

knowledge

where the defendant knew or was practically certain he knew he was going to hurt someone; not acting on purpose to cause a particular result, but you're acting knowing that the result is practically certain to happen

True/False: Recklessness requires awareness of substantial and unjustifiable risks.

true

True/False: In the absence of a confession, mens rea is usually proven by circumstantial evidence.

true

True/False: Intervening causes can be proximate causes.

true

Another term for criminal act is

actus reus

factual cause ("but-for" cause)

as a factual matter, if you hadn't done x then y wouldn't have occurred; because x happened y happened

What is the watchword for recklessness?

awareness

What is the watchword in the mental state of "knowing"?

awareness

strict liability (liability without fault)

based on voluntary action alone; lack of mens rea and the only thing looked at is the actus reus

In the absence of a confession, intent must generally be proven by ______ evidence.

circumstantial

cause in fact

consists of the objective determination that the defendant's act triggered a chain of events that ended as the harmful result, such as death in homicide

legal cause

consists of the subjective judgment that its fair and just to blame the defendant for the bad result

recklessness

defendant knew the odds were high he was going to hurt someone/something and he consciously disregarded those risks; acting not with knowledge that something is practically certain to happen, but with knowledge that you have created a risk of harm

failure-of-proof defense

defendants usually present some evidence that the mistake raises a reasonable doubt about the formation of a mental element required for the criminal liability

Several reasons why mens rea is complex

difficult to discover and then prove in court; courts and legislatures have used so many vague and incomplete definitions of the mental element; consists of several mental attitudes that range across a broad spectrum; a different mental attitude might apply to each of the elements of a crime

Providing causation requires proving two kinds of cause:

factual cause and legal cause of death, other bodily harm, and damage to an destruction of property

True/False: Strict liability crimes have no actus reus element.

false

Intent to commit a criminal act as defined in a statute is known as

general intent

Two types of criminal intent

general intent crime and specific intent crime

culpability/blameworthiness

it's fair and just to punish only people we can blame

Mistake is a defense whenever the mistake prevents the formation of any fault-based _____

mens rea

The mental element of a crime is called the

mens rea

principle of concurrence

some mental fault has to trigger the criminal act in conduct crimes and the cause in bad result crimes; mens rea giving rise to the actus reus

Liability without fault, or in the absence of mens rea, is called

strict liability

What are the two prongs of the test?

subjective (focuses on a defendant's actual awareness) and objective (it measures conduct according to how it deviates from what reasonable people do)

Fault that requires a "bad mind" in the actor is called

subjective fault

Two kinds of fault that satisfy the mental element in criminal liability

subjective fault and objective fault

Two main arguments for supporters of strict liability

there's a strong public-interest in protecting public health and safety; the penalty for strict liability offenses is almost always mild

defense of excuse

those who say what the defendant did was wrong, but her mistake excused her; the mistake is the excuse being used

legal cause ("proximate" cause)

to show causation that you have caused something to happen, you have to show factual cause and legal cause

True/False: All crimes, except strict liability offenses, are subject to the concurrence requirement.

true

True/False: Different levels of blameworthiness are indicated by different types of intent.

true

True/False: General intent is used most commonly to mean the intent to commit the criminal act as defined in a statute.

true