Week 3 Criminal Law

To understand that ignorance of facts and law can

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Unformatted text preview: crimes. To understand that ignorance of facts and law can create a reasonable doubt that the prosecution has proved the element of criminal intent. Mens Rea Mens Rea: culpability or blameworthiness. Justice Holmes stated that “[e]ven a dog distinguishes between being stumbled over and being kicked” (Justice Holmes, 1963). “evil state of mind” – class examples: murder – premeditated v. burning bed Definitions: mental state, attitude, criminal intent, the mind makes you guilty. To determine propriety and grading of punishment. Mens Rea Class: What is relationship between mental state and motive? EG: murder wife for money – intent was to kill, motive was money. Murder wife to get her out of pain cancer v. shoot and kill her in hunting accident. Facts and mental state make difference. How prove motive: confessions (rare), and reasonable inferences from the facts – circumstantial Illinois Compiled Statutes 720 ILCS 4/5 Sec. 4‑5. Knowledge. A person knows, or acts knowingly or with knowledge of: (a) The nature or attendant circumstances of his or her conduct, described by the statute defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a materia...
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This document was uploaded on 02/20/2014 for the course CJL 250 at Roosevelt.

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