criminal law

Card Set Information

criminal law
2011-03-31 15:51:46
chapter review

chapter 4 test (Justin)
Show Answers:

  1. What is the 2 prong test for finding recklessness?
    • 1. was he aware
    • 2. did defendant disregard known risk
  2. MPC 4 mental attitudes
    • 1.Purposely
    • 2.knowingly
    • 3.Recklessly
    • 4.Negligently
  3. Purpose
    A person acts purposely with respect to the elements of the offence.
  4. Knowingly
    Person acts knowingly with respect to a material element of an offense.

    He knows what he is doing is wrong.
  5. Recklessness
    Person disregards a substantial and unjustifiable risk.
  6. Negligence
    A person should know better
  7. Subjective Fault
    Requires a "bad mind"
  8. Objective fault
    Requires no purposeful or comscious bad mind
  9. General Intent
    The intent to commit any criminal act defined as the Actus Reus in the criminal statute.
  10. Specific Intent
    Where a bad mind triggers the act.

    Words like planned, meant, done on purpose...
  11. General Intent Plus
    requires both Specific and General intent
  12. Strict Liability
    No Fault Liability

    • (breaks the law without knowing it)
    • Based on voluntary action alone
  13. 2 causes of Causation
    • Factual cause (but for)
    • Legal cause (proximate cause)-Is it fair to blame defendant for harm
  14. 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.
  15. Difference between Bad conduct crimes and Criminal Conduct Crimes.
    Bad conduct- result in death or damage

    Criminal- because a law prohibits it