Week 3 Criminal Law

Intent 1 subjective fault bad mind of actor psmv

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Unformatted text preview: tantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation. Intent 1. Subjective fault – bad mind of actor PSMV knowingly possess. 2. Objective fault – no purposeful conduct, Receive stolen property, honestly but naively don’t know it is stolen. 3. Strict liability: trespassing, no mental state required. Food General & Specific Intent General: the intent described in statute, the minimum requirement. At time subjective and objective fault. Specific: general intent plus enumerated special mental element. EG: Burglary: breaking and entering plus intent to commit a felony therein (mental state once inside is specific) Case: Carjacking a Friend’s Car? Harris v. State ( MDApp 1999): indicted unlawful taking MV, defense voluntary intoxication (THC and alcohol = blacked out). Driving, D forcibly removed friend from car and drove off, car reported stolen. Statute: obtain car by force or fear/intimidation. Defense: D not intend permanently deprive. MPC Mental Attitudes 1. Purposely: conscious object engage conduct or cause such result 2. Knowingly: he is aware th...
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This document was uploaded on 02/20/2014 for the course CJL 250 at Roosevelt.

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