Specific intent He said he was going to kill Bob then he killed Bob General

Specific intent he said he was going to kill bob then

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Specific intent: He said he was going to kill Bob (then he killed Bob)-General intent: D became very drunk and shot Bob, he may be found guilty of second degree murder even though he was so drunk he did not know he had a gun- will lessen the charge, but won’t let you completely off the hook-Crimes that don’t need intent (negligence is enough): negligent vehicular homicide, strict liability crimes (selling liquor to minors, violating traffic rules, violating pure drug and food laws)General DefensesNo intent (mens rea):Infancy- kids, most states say under 7ish you can’t be held liable (7-14 in rebuttalform, can be overcome by proof that the child understood the wrong nature of hisor her act)Insanity (mentally disabled)- may be institutionalized but not put in prisonSome use M’Naghten test- incapable of appreciating the difference between right and wrongOthers excuse defendants who appreciate right and wrong but have an irresistible impulse caused by mental defectDurham rule: Was the defendant insane at the time of the crime and did the insanity cause the crimeIntoxicationVoluntary- general rule is that this may negate specific intent but will not negate general intentInvoluntary- treated as equivalent to insanity*** sleep walk and kill husband- not guiltyMistake (thought it was my bike)Mistake of law is no defenseMistake of law negates intent if (1) the law was not reasonably made known to the public (2) defendant reasonably relied on an erroneous but official statement of law
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Mistake of fact: Car example with keys left in the carEntrapmentIf police persuade the D to commit a crime that he or she would not otherwise have committedJacobson v USJacobson ordered two child porn magazines when it was legal andthen it became illegal. Government agencies sent mail to him to see his willingness to break the new law. He was solicited to orderthe porn and then received a catalog and ordered. He was arrested and in his house no materials were found besides for the ones sent by the governmentCannot prove his predisposition was independent of the governmentLeft to his own devices he would not have broken the lawReversedSelf defenseGeneral rule permits only that degree of force reasonable under the circumstancesCannot shoot an assailant in the back when he is fleeing from the sceneImmunity- “turning state’s evidence”Plea deal- testify against other criminals in return for consideration at time of sentencing“Turning state’s evidence” to help the prosecutor’s caseState Crime Affecting Business**** know especially embezzlement ***know pages 182-187Theft- unlawful taking of another’s propertyLarceny- trespassory taking away of the personal property of another with wrongful intent permanently to deprive that person of the use of the propertyInjury to the owner’s interest in possessing the goodsExample: shopliftingPetit larceny: less than $500
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