crim

Card Set Information

Author:
sascha.hammerle
ID:
4149
Filename:
crim
Updated:
2010-01-13 14:53:46
Tags:
taft- law
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Description:
general
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  1. criminal negligence
    • not aware of the facts, and no intent, but with " gross lack of care.
    • usually with:
    • involuntary manslaughter, battery and criminal nuisance
  2. civil v criminal negligence
    • the deviation determines the crime.
    • such as firing a gun into a crowded train or something.
  3. malice
    • needs no ill will...
    • needs to have comissioned volitional act without legal excuse or justification.

    not the same as malice aforethought.
  4. when is not knowing the law excusable?
    • when " willful" is used... be careful.
    • ex federal tax crimes
  5. strict liability
    • 2 types, complete and limited
    • complete: no mens rea what-so-ever ( criminal)
    • limited: carrying certain weapons of a certain kind.
  6. classifications of intent for the crimes of:
    solicitation
    conspiracy
    attempt
    1deg murder
    assault
    burgulary
    larceny
    robbery
    embezzelement
    false pretneses
    rape
    mayhem
    FI
    inv mans
    battery
    Common Law murder
    arson
    stat rape
    bigamy
    • specific intent:
    • solicitation
    • conspiracy
    • attempt
    • 1deg murder
    • assault
    • burgulary
    • larceny
    • robbery
    • embezzelement
    • false pretneses
    • General intent
    • rape
    • mayhem
    • FI
    • criminal negligence
    • inv mans
    • battery
    • malice:
    • Common Law murder
    • arson
    • strict liability:
    • stat rape
    • bigamy
  7. general intent:
    intent to commit the act constituting the crime( sometimes knowledge of attendant circumstances)
  8. specific intent
    intent to do some further act or cause some additional consequenses.
  9. malice
    commision of a volitional act without legal justification
  10. strict liability
    no mens rea requirement
  11. model penal codes ( mens rea)
    • knowingly: conscious desire to engege in the act
    • purposely: awareness that act is of a particular nature or will cause a knowing result
    • recklessly: consciously disregarding a substantial and unjustified risk
    • negligently: failure to be aware of a substantial and unjustifyable risk.

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