PS 307 Chapter 4
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
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
strict liability
criminal liability without subjective or objective fault
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 element of causation applies only to "bad result" crimes.
true
True/False: The four levels of culpability or intent in the Model Penal Code are purposely, knowingly, recklessly, and negligently.
true
Factual cause is also known as which of the following?
"but for" cause
True/False: Recklessness requires awareness of substantial and unjustifiable risks.
true
True/False: General intent is used most commonly to mean the intent to commit the criminal act as defined in a statute.
true
True/False: In the absence of a confession, mens rea is usually proven by circumstantial evidence.
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
In the absence of a confession, intent must generally be proven by ______ evidence.
circumstantial
True/False: Strict liability crimes have no actus reus element.
false
subjective fault
fault that requires a "bad mind" in the actor
Intent to commit a criminal act as defined in a statute is known as
general intent
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
Liability without fault, or in the absence of mens rea, is called
strict liability
Fault that requires a "bad mind" in the actor is called
subjective fault
True/False: Intervening causes can be proximate causes.
true
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: Different levels of blameworthiness are indicated by different types of intent.
true
