Crimes Chapter 4

  1. The broad notion of looking for a truely "immoral" person is...
    Traditional Mens Rea
  2. The mental state required by statute is...
    Statutory Mens Rea
  3. The idea that by punishing someone for a crime you will sway other people from the same behavior is...
    Deterrence Theory
  4. The idea that a person who breaks the law should be imprisoned is...
    Incapationist Theory
  5. The idea that a person who breaks the law should be trained not to do that is...
    Rehabilitationist Theory
  6. The idea that a person should be punished because a wrong has been committed against society or a person is...
    Retributivist Theory
  7. Into what categories has the court divided mens rea?
    Intent, Knowledge, and Recklessness
  8. When thinking about intent we must consider between intending the ___ and intending the ___.
    conduct and result
  9. When the result of an action is the same as what was intended but happens to a different target it is called...
    transferred intent
  10. What is it called when the defendant did not intend to get the result that happened but the result was practically certain to happen if they carried out their action?
    Oblique Intent
  11. What is the difference between "specific" intent and "general" intent?
    General intent is when a crime is committed that is not committed with a specific goal, specific intent is when a crime is committed with a specific goal in mind. This has to do with the crime that a defendant can be found guilty of.
  12. The thing a person has if they have a certain idea that an outcome will happen is called...
  13. A conscious decision to ignore a risk, of which the defendant is aware is...
  14. Through what process can we figure out what a person is thinking?
  15. Criminal law does not consider motive unless it is for a ___.
  16. Most of the time a defendant is liable only if the ___ and ___ coincide.
    actus reus and mens reus
  17. Latin for "the idea that similar subjects should be construed similarly" is...
    in pari materia
  18. When each small aspect of a crime and the statute regarding are analysed it is called...
    Element Analysis
  19. What is the default mental state for a violation if none is stated in the statute in criminal law?
  20. What did the Supreme Court decide regarding mens rea on a broad scale?
    That is would give state legislature the authority to define and limit mens rea and the defenses to crimes virtually without limits.
  21. What did the Model Penal Code do regarding providing rules for statutory interpretation?
    It adopted "element analysis"
  22. What are the two kinds of elements considered in a statute under the MPC?
    "simple" elements and "material" elements
  23. Items such as venue, jurisdiction, or the statute of limitations are ___ under the MPC.
    "simple" elements
  24. What are the kinds of material elements? Which one is defined?
    conduct, attendant circumstance, and result, and only conduct is defined.
  25. What are the levels of culpability under the MPC?
    purposely, knowingly, recklessly, and criminally negligent
  26. Mens rea under MPC that means "intentionally"
  27. Mens rea under MPC that means "even though one did not consciously seek to cause the outcome that happened, it was practically certain to occurr."
  28. Under MPC the mens rea that means that the defendant actually foresaw that harm could occurr if they continued with their substantial and unjustifiable risky behavior
  29. The mens rea under MPC that can only occur in cases of homicide
  30. What is the default provision of mens rea under the MPC?
Card Set
Crimes Chapter 4
Crimes Chapter 4