Criminal Law Concepts

These flashcards cover key concepts and definitions from criminal law, focusing on the professor's insights about mens rea, culpability, and legal clarity.

Willfully

In criminal law, 'willfully' means acting intentionally with bad faith, wrongful motive, or in violation of a known legal duty, leading to greater punishment.

Intentionally

At common law, 'intentionally' includes both 'purposely' and 'knowingly', but some statutes use it more narrowly. It usually means 'purposely or knowingly' unless specified otherwise.

Purposely

When an element involves a result, 'purposely' means the actor’s conscious object is to cause that result or engage in specific conduct.

Motive vs. Purpose

Purpose refers to 'what one wants to do', while motive refers to 'why one wants to do it'. Purpose matters for most crimes, although motive is significant for specific intent crimes.

Knowingly

'Knowingly' means the actor is aware that their conduct will likely cause a result or that relevant circumstances exist.

Culpability Chart

The 'Culpability Chart' indicates that higher Mens Rea (like willfully or purposely) corresponds to greater culpability and punishment.

Proving Intent

Intent can be proven through direct evidence (defendant's statements) or circumstantial evidence (inferred from conduct), with indirect evidence often being stronger.

Recklessness vs. Negligence

Recklessness involves a conscious disregard of substantial risk, while negligence is when one should be aware of risk but isn't. Criminal negligence is a gross deviation from the reasonable person standard.

Transferred Intent (Switched Intent)

In cases of switched intent, if intent was for victim A but B was harmed, only the actual culpability should be considered; do not apply double penalties.

Strict Liability

Strict liability in criminal law is rare and typically reserved for low-punishment violations; generally, at least negligence is required for liability.

Actus Reus vs. Mens Rea

For criminal liability, both actus reus and mens rea are normally required; actus reus alone may suffice only under strict liability.

Result Crimes vs. Conduct Crimes

Result crimes focus on the outcome (e.g., murder), while conduct crimes focus on specific behaviors (e.g., drunk driving).

Shift to Mens Rea

The shift from 'wicked mind' to the specific concept of mens rea allows for more nuanced sentencing, matching punishment severity to culpability.

Legal Writing and Clarity

Legal writing is often unclear; effective lawyers must translate legal jargon into clear language.