Criminal Law Outline - Mental states o Intentional – conscious object to engage in certain conduct or cause a certain result o Knowing – Aware that conduct is of certain nature or circumstances exist; and aware that conduct reasonably certain to cause a result o Reckless – Consciously disregards a substantial and unjustifiable risk; that disregard constitutes a gross deviation from standard of care o Negligent – Failure to perceive substantial and unjustifiable risk; failure constitutes a deviation from standard of care - C/L o Specific Intent – must have intended to act or cause the harm prohibited Larceny Embezzlement Burglary Robbery All attempts All conspiracies Charge based on accomplice liability Assaults o Malice Crimes “depraved heart” or super recklessness C/L murder Arson Voluntary intoxication and unreasonable mistake of fact NOT available o General Intent – showing of recklessness, does not intend act or result Battery Rape Manslaughter o Strict Liability – No mental state requirement
Criminal Law Outline-Mental statesoIntentional conscious object
to engage in certain conduct or cause a certain resultoKnowing
Aware that conduct is of certain nature or circumstances exist; and
aware that conduct reasonably certain to cause a resultoReckless
Consciously disregards a substantial and unjustifiable risk; that
disregard constitutes a gross deviation from standard of
careoNegligent ailure to !erceive substantial and unjustifiable
risk; failure constitutes a deviation from standard of
care-C"Lo#!ecific $ntent must have intended to act or cause the
harm !rohibitedLarceny%mbe&&lement'urglary(obberyAll
attem!tsAll cons!iraciesCharge based on accom!lice
liabilityAssaultsoMalice Crimes)de!raved heart* or su!er
recklessnessC"L murderArson+oluntary intoxication and unreasonable
mistake of fact ,O- availableo.eneral $ntent showing of
recklessness/ does not intend act or
result'attery(a!eManslaughtero#trict Liability ,o mental state
re0uirement#tatutory (a!e and (egulatory Crimes- 1omicideo Common
law murder"Majority (ule 2nlawful killing of another human being
with malice aforethought34 $ntent to kill54 $ntent to inflict
serious bodily harm6and a death results74 Awareness of extreme risk
to human life 8)#u!er (ecklessness*9:4 elony Murder6death of
another human being during or in courseor flight from the
commission of a felonyo irst ;egree Murder
