Law 3101A/B Study Guide - Quiz Guide: Mens Rea
16 Oct 2018
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Law punishes those who are accountable to the crime which was committed. Common law mens rea: accountability one is only guilty if he also his mind is guilty as well. Crime requires intentionally criminal mental state or a careless one intention: - crime is performed intentionally. Basic intention: intention to perform a particular kind of act same procedure specific intention: intention to achieve specific results by means of an act (terrorism) recklessness: - taking a unjustified risk. +negligence negligence: - mental state, weaker than intention + recklessness. Carelessness = failure to prevail standards of care. Common law kind of harm would occur inadvertent negligence: actor doesn"t realize that harm. No separate degrees of negligence might occur strict liability crimes: Common law criminal liability offenses do not exist risk of conduct is so clear that a reasonable person would avoid it (similar to tort law) criminal attempts: - attempts to commit a crime are also punishable.
