Criminal Law I - All

General intent

Crime that does not require the establishment of a specific, conscious intent beyond the act itself

• Example: Assault, Rape

Specific Intent

Require defendant to intentionally commit an act AND intend to cause a particular result when committing that act

• Must be proven beyond a reasonable doubt

  • Proof that D specific intended to kill

• Examples: Assault with intent to kill, human trafficking, burglary, statutory rape

Strict Liability

Holds a person responsible for a crime without requiring proof of intent of knowledge

• Only needs to prove the actus reus 

Mens Reus

Mental state

Actus Reus

Action of the crime

Willful

purpose or knowledge with substantial certainty

Reckless

Conscious disregard of risk 

negligence

failure to perceive risk

failure to act reasonably 

Common law - Mens Rea

Intent

Recklessness

Negligence 

MPC 2.02 - Mens Rea

Purpose

Knowledge

Recklessness

Negligence 

Intent

Purpose of knowledge with substantial certainty

• something highly likely to happen 

Issues with intent

• intend natural and probable consequences

• Transferred intent

  • same harm; different victim = transferred intent

• “willful” = intent

Reckless definiton MPC

Conscously disregards a risk

• disregard involves a gross deviation from the standard of conduct that a law abiding person would observe 

Malice crimes under MPC

purpose + knowledge + recklessness

malice crimes under common law

intent + recklessness

Negligence

acting as a reasonabler person would not OR failing to act as a reasonable person would 

• liable for unintended consequences 

• should be aware of a substantial and unjustifiable risk