LAW 604 Lecture Notes - Lecture 5: Actus Reus, Mens Rea, Adverb
Document Summary
*gets complicated because different standards for results vs. circumstances. Second test (english: do things intentionally (adverb, intentional (adjective, intend (verb, intent (noun) *generally, 1 and 2 are general intent, 3 and 4 are specific intent. General intent: you can generally presume this exists based on acts of defendant. Specific intent: you can"t presume this because the act is not evidence of intent as the specific intent is further than the act. Four distinctions of circumstance vs. result mens rea requirement. A-11 and a-12: specific intent (cl), purpose (mpc) Knowledge enough to convict w/ si for circumstances, don"t need true purpose in circumstances. 1: assault with intent (kill a cop on duty). Kill (result), cop and on-duty are both circumstance. Imagine two mental states: motivated by circumstance (killing b/c they are a cop) Knowing to a certainty circumstance is present (killing b/c you hate someone who thinks they are a cop): general intent satisfied by mere negligence in cl.
