CRJU 30433 Lecture Notes - Lecture 1: Model Penal Code, Actus Reus, Mens Rea
Document Summary
Mala in se = serious acts most consider to be criminal. Mala prohibita = acts considered criminal because statutes have defined them as such. Criminal intent or state of mind: specific intent = when an accused intends both the act and the result, general intent = when the act, but not necessarily the result, is intended. Model penal code mental states: purposely, knowingly, recklessly, negligently, purposely specific desire to bring about an explicit act with the goal of achieving a definite result ex. State v. stark (1992: knowingly one"s actions would certainly result in a crime against someone else; ex. State v. jantzi (1982) & state v. nations (1984: recklessly aware there was a substantial risk of harm and acted anyway. Do not need specifically intent harm: negligence act that a reasonable person would not do, or would not fail to do under similar circumstances; ex. Koppersmith v. state (1999) & people v. baker (2004)
