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- not aware of the facts, and no intent, but with " gross lack of care.
- usually with:
- involuntary manslaughter, battery and criminal nuisance
civil v criminal negligence
- the deviation determines the crime.
- such as firing a gun into a crowded train or something.
- needs no ill will...
- needs to have comissioned volitional act without legal excuse or justification.
not the same as malice aforethought.
when is not knowing the law excusable?
- when " willful" is used... be careful.
- ex federal tax crimes
- 2 types, complete and limited
- complete: no mens rea what-so-ever ( criminal)
- limited: carrying certain weapons of a certain kind.
classifications of intent for the crimes of:
Common Law murder
- specific intent:
- 1deg murder
- false pretneses
- General intent
- criminal negligence
- inv mans
- Common Law murder
- strict liability:
- stat rape
intent to commit the act constituting the crime( sometimes knowledge of attendant circumstances)
intent to do some further act or cause some additional consequenses.
commision of a volitional act without legal justification
no mens rea requirement
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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