Crim Law Midterm

Negligently

Should have been aware of a substantial and unjustifiable risk, but was not

Purposely

conscious objective to engage in certain conduct to bring about the result

Knowingly

aware or practically/substantially certain a result will occur

Specific Intent

Purposely/Knowingly - Intent to achieve specific result or condition

Willfull Blindness

Satisfies "knowing" if: aware of a high probability that a fact exists, and deliberately avoids learning the fact

Strict Liability

No mental state required for a least one material element, liability rests on conduct alone

Public Welfare Offenses

Regulatory (food safety, enviornmental, licensing)

Recklessly

Conscious disregard of substantial and unjustifiable risk

Constructive Posession

Power to control + intent to excercise that power

3 Types of Posession

Actual, Constructive, and Joint

Omission

Duty, breach of duty, and breach is the cause of result

Voluntary Act

A willed muscular motion - a bodily movement that is the product of conscious choice. includes speech.

General Intent - Intoxication

Negligence: No Defense (a reasonable person is sober)

Recklessness

No Defense (majority) you were conscious when you chose to drink

4 Types of Involuntary Intoxication

Unknowing, Coerced, Pathalogical, and Medically Prescribed Drugs with side effects on their own

MPC Special Rule for Mistakes

If the mistaken belief would make you guilty of a lesser crime had the circumstances been as you believed, you can only be punished for the lesser

Exceptions to Mistake of Law

Knowledge of illegality is an element of the statute, reaosnable reliance on official statements of law, and mistake about different law

5 Sources of Legal Duty

Statutory, Contractual, Status Relationship, Voluntary Assumption, and Creation of Peril

Larceny by Trick

Deceive someone into handing you posession (not title), you get posession through fraud, but ownership stays with them

Doctrine of Continuing Tresspass

If you take the property without the intent to keep it and later decide to keep it, the original wrongful taking "continues" forward in time to meet later formed intent

Larceny Elements

Wrongful taking, carrying away, personal property, of another, with intent to permanently deprive

General Intent Crime - Mistake of Fact

Only reasonable mistake will excuse

Burglary Elements

Breaking, entering, a dwelling, at night, with intent to commit a felony or larceny therein

Robbery Elements

Taking personal property from another, from a person or presence, through force or intimidation, with intent to permanently deprive

False Pretenses

Victim transfers title/ownership via fraud, knowing false representation, and owner intended to give ownership

Mistake of Fact Doctrine

If a crime requires specific intent mental state, then a defendant who genuienly lacks that mental state has not committed a crime, even if the mistake was unreasonable

Lost Property

In the "constructive posession" of owner - taking with intent to keep is larceny

Embezzlement Elements

Conversion, personal property of another, by one in lawful posession, with intent to defraud

Forgery Elements

making or altering, a legally significant writing, with intent to defraud

Specific Intent Crime - Mistake of Fact

even an unreasonable mistake of fact can negate specific intent

Good Faith Mistake Defense (larceny)

even an unreasonable, good-faith mistake is a defense

Arson Elements

Malicious, burning, dwelling, of another

Hate Crimes Analysis

"because of" requires "but for" causation - characteristic MUST be the actual cause

General Intent

Reckless/Negligent - general awareness of nature of conduct, general blameworthy state of mind