What is the 2 prong test for finding recklessness?
1. was he aware
2. did defendant disregard known risk
MPC 4 mental attitudes
A person acts purposely with respect to the elements of the offence.
Person acts knowingly with respect to a material element of an offense.
He knows what he is doing is wrong.
Person disregards a substantial and unjustifiable risk.
A person should know better
Requires a "bad mind"
Requires no purposeful or comscious bad mind
The intent to commit any criminal act defined as the Actus Reus in the criminal statute.
Where a bad mind triggers the act.
Words like planned, meant, done on purpose...
General Intent Plus
requires both Specific and General intent
No Fault Liability
(breaks the law without knowing it)
Based on voluntary action alone
2 causes of Causation
Factual cause (but for)
Legal cause (proximate cause)-Is it fair to blame defendant for harm
Difference between Mistake of law & Ignorance of Law
- Wrong interpertation of law. Makes a defense. Doesn't apply to strict liability crimes.
- Absence of knowledge about law. Is not a defense.
Difference between Bad conduct crimes and Criminal Conduct Crimes.
Bad conduct- result in death or damage
Criminal- because a law prohibits it
chapter 4 test (Justin)