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