CJ 3551 Midterm: Crim Law Section 2 notes
7 Mar 2017
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Document Summary
Basic concepts of criminal law: mens rea. Culpable mental state; 4 types: purpose/purposefully (most culpable) Specific intent to engage in conduct to cause a particular result. Acting knowing that conduct could result in a particular result. Ex: receiving stolen goods (e. g. willful blindness) or 2nd degree murder (drive-by shooting: reckless/recklessly. Aware that the risk of conduct could cause a particular result, but doesn"t care. Ex: speeding in a neighborhood where children play: negligence/negligently. Not aware of risk that conduct could cause a particular behavior. Ex: leaving a baby in a hot car: should"ve known better , mens rea exceptions. Strict liability: applies to mala prohibita (merely prohibited) and non mala in se (innately evil) acts: people v. hernandez, encompasses attendant circumstances . E. g. selling drugs near a school; selling drugs is the act, but the person need not know or realize he is near a school.
