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What is the 2 prong test for finding recklessness?
- 1. was he aware
- 2. did defendant disregard known risk
MPC 4 mental attitudes
A person acts purposely with respect to the elements of the offence.
Person acts knowingly with respect to a material element of an offense.
He knows what he is doing is wrong.
Person disregards a substantial and unjustifiable risk.
A person should know better
Requires a "bad mind"
Requires no purposeful or comscious bad mind
The intent to commit any criminal act defined as the Actus Reus in the criminal statute.
Where a bad mind triggers the act.
Words like planned, meant, done on purpose...
General Intent Plus
requires both Specific and General intent
No Fault Liability
- (breaks the law without knowing it)
- Based on voluntary action alone
2 causes of Causation
- Factual cause (but for)
- Legal cause (proximate cause)-Is it fair to blame defendant for harm
Difference between Mistake of law & Ignorance of Law
Mistake- Wrong interpertation of law. Makes a defense. Doesn't apply to strict liability crimes.
Ignorance- Absence of knowledge about law. Is not a defense.
Difference between Bad conduct crimes and Criminal Conduct Crimes.
Bad conduct- result in death or damage
Criminal- because a law prohibits it
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