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| intent; conscious awareness and conduct of circumstances one believes or hopes to exist. |
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| knowledge of high probability or willful ignorance |
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| Reasonable person would know. Gros deviation from the standard of conduct a reasonable person would observe in the actor's situation |
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| Mens rea- Strict Liability |
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Definition
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| NOTE: If no mens rea term, presume recklessness |
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| Actus Reus: Caution; Circumstances; Results |
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Definition
Conduct- what you have to do
Circumstances- facts that have to be the case in order for the conduct to be a crime
Results- ultimate consequence of conduct |
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-Acquiring something illegal and not getting rid of it OR
-realizing you have something illegal and refusing to divest self of that thing |
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| Mistake of Fact as a defense |
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Definition
| if it negates the required mens rea |
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| Mistake of fact as a defense- grading |
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Definition
Mistake of fact mitigates crime to what defendant truly thought
-EX: theif thought she was stealing $10 , really stole $1000: guilty of petty larceny |
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| Mistake of Criminal Law as a defense |
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Definition
| no defense unless an official misstatement |
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| Mistake of Non-Criminal law as a defense |
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Definition
| Treats the same as a mistake of fact; therefore, mistake if it negates the mens rea |
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| Voluntary Intoxication as Defense |
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Definition
If it negates mens rea (purpose &knowledge Crimes)
If a reckless crime and a sober person would have recognized risk, and the only reason they did not was because of intoxication, you are guilty.
NOTE: Effectively changes the standard to negligence from recklessness |
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Term
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Definition
a "substantial step" which is strongly corroborative of the criminal act consider the following:
1. Lying in wait
2. Enticing or seeking to entice
3. Reconnoitering place of crime
4. Unlawful entry of a structure
5. Possession of materials
6. Collection or fabrication of materials
7. Soliciting an innocent agent |
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