The statute, 18 U. The Court further held that a presumption of criminal intent was not required. Check your answer using the answer key at the end of the chapter. California Criminal Jury Instructions No. Commonwealth v. Ely , N. Connecticut Jury Instructions No.
Idaho Code Ann. People v. McDaniel , P. State v. Huff , A. Utah Code Ann. Pompanio , U. Privacy Policy. Skip to main content. Chapter 4: The Elements of a Crime. Search for:. List the three common-law criminal intents, ranking them in order of culpability.
Compare specific and general intent. Describe an inference that makes it easier for the prosecution to prove a general intent crime. Differentiate between motive and criminal intent. List and define the Model Penal Code mental states, ranking them in order of culpability. Identify an exception to the requirement that every crime contain a criminal intent element. Explain how transferred intent promotes justice. Describe the circumstances that give rise to vicarious criminal liability.
Define concurrence of criminal act and intent. Common-Law Criminal Intent The common-law criminal intents ranked in order of culpability are malice aforethought , specific intent , and general intent. Malice Aforethought Malice aforethought is a special common-law intent designated for only one crime: murder.
Specific Intent Specific intent is the intent with the highest level of culpability for crimes other than murder. Example of Scienter Although the terms mens rea and scienter are sometimes used interchangeably, many jurisdictions define scienter as knowledge that an act is illegal.
General Intent General intent is less sophisticated than specific intent. Motive Intent should not be confused with motive , which is the reason the defendant commits the criminal act or actus reus. Example of Motive Isabella, a housewife with no criminal record, sits quietly in court waiting to hear the jury verdict in a trial for the rape of her teenage daughter by Ignatius.
Model Penal Code Criminal Intent The Model Penal Code divides criminal intent into four states of mind listed in order of culpability: purposely , knowingly , recklessly , and negligently. Purposely A defendant who acts purposely intends to engage in conduct of that nature and intends to cause a certain result N.
Knowingly Knowingly indicates that the defendant is aware of the nature of the act and its probable consequences Utah Code Ann. Example of Knowingly Victor brags to his girlfriend Tanya that he can shoot into a densely packed crowd of people on the subway train without hitting any of them. Recklessly Recklessly is a lower level of culpability than knowingly, and reckless intent crimes are not as common as offenses criminalizing purposeful, knowing conduct.
Negligently Negligent intent crimes are less culpable than reckless intent crimes and are also less common. Elements and Criminal Intent Occasionally, different criminal intents support the various elements of an offense. Strict Liability An exception to the requirement of a criminal intent element is strict liability.
Example of Transferred Intent Billy and his brother Ronnie get into an argument at a crowded bar. Example of Vicarious Liability Don hires James to work in his liquor store. Concurrence of Act and Intent Another element of most criminal offenses is the requirement that the criminal act and criminal intent exist at the same moment California Criminal Jury Instructions No.
Example of a Situation Lacking Concurrence Sherree decides she wants to kill her husband using a handgun. Key Takeaways One important function of intent is the determination of punishment. In general, the more evil the intent, the more severe the punishment. The three common-law intents ranked in order of culpability are malice aforethought, specific intent, and general intent. Specific intent is the intent to bring about a certain result, do something other than the criminal act, or scienter.
General intent is simply the intent to perform the criminal act. With a general intent crime, the trier of fact may infer intent from the criminal act. Motive is the reason the defendant commits the criminal act. Motive standing alone is not enough to prove criminal intent. Purposely is similar to specific intent to cause a particular result. Knowingly is awareness that results are practically certain to occur.
Recklessly is a subjective awareness of a risk of harm, and an objective and unjustified disregard of that risk. Negligently is not being aware of a substantial risk of harm when a reasonable person would be. The exception to the requirement that every crime contain a criminal intent element is strict liability. Transferred intent promotes justice by holding a defendant responsible for his or her criminal conduct, even though the conduct was intended to harm a different victim.
Vicarious liability is the transfer of criminal liability from one criminal defendant to another based on a special relationship. Concurrence requires that act and intent exist at the same moment. Exercises Answer the following questions. As Jordan is driving to school, she takes her eyes off the road for a moment and rummages through her purse for her phone.
This causes her to run a stop sign. Jordan is thereafter pulled over by law enforcement and issued a traffic ticket. Is Jordan criminally responsible for running the stop sign?
Why or why not? Read Morissette v. In Morissette , the defendant was convicted of unlawful conversion of federal property for gathering and selling spent bomb casings dropped during US Air Force practice maneuvers.
Read State v. The government may prove that a false statement was made "knowingly and willfully" by offering evidence that defendants acted deliberately and with knowledge that the representation was false. See United States v. Hopkins , F. The jury may conclude from a plan of elaborate lies and half-truths that defendants deliberately conveyed information they knew to be false to the government.
As used in the statute, the term "knowingly" requires only that the defendant acted with knowledge of the falsity. Lange , F. As in other situations, to commit an act "knowingly" is to do so with knowledge or awareness of the facts or situation, and not because of mistake, accident or some other innocent reason. Knowledge of the criminal statute governing the conduct is not required.
The false statement need not be made with an intent to defraud if there is an intent to mislead or to induce belief in its falsity. Reckless disregard of whether a statement is true, or a conscious effort to avoid learning the truth, can be construed as acting "knowingly.
Evans , F. A defendant is not relieved of the consequences of a material misrepresentation by lack of knowledge when the means of ascertaining truthfulness are available.
Knowing criminal intent based upon knowing means an awareness of the consequences. For example, stabbing someone with a knife is done knowingly by an adult when it can be proved that he knew that a knife would pierce the skin of another and cause injury. It might also include writing a check with insufficient funds in the account to cover the amount of the check. Purposeful behavior is the most serious criminal intent. It means that a person intends the consequences of his act.
For example, planning to kill someone and then shooting the intended victim. Entering a home with the intent to steal is purposeful criminal intent. Our criminal code mandates the most serious penalties for acts that are purposeful and the least for negligent acts. Since the punishment for purposeful and knowing acts often include incarceration, a criminal defense lawyer is vital in demonstrating that an act was not purposeful or knowing.
Establishing facts, demonstrating psychological defenses through experts or reconstructing a collision can mean the difference between acquittal or conviction, jail or probation. A recent study by professors from leading universities revealed that jurors have a difficult time sorting criminal responsibility between knowing and reckless behaviors, but much less difficulty with acts that are charged as purposeful or negligent.
The ability of a skilled criminal defense attorney to navigate those states of mind and persuade a prosecutor, judge, or jury that his client did not act knowingly or purposefully can make the difference between not guilty or guilty, freedom or jail.
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