PS 307 Chapter 4

¡Supera tus tareas y exámenes ahora con Quizwiz!

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


Conjuntos de estudio relacionados

MKTG 3310: Ch. 10 (Marketing Research)

View Set

Ch 13 one way within subjects anova

View Set

Werpney's Landmark Supreme Court Cases

View Set

css unit 3 part 3 soil pH and fertility

View Set