Criminal Law Outline
MENTAL STATES
o Intent – A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.
o Knowledge – A person knows, or acts knowingly or with knowledge of:
§ (a) The nature or attendant circumstances of his conduct, described by the statute defining the offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.
§ (b) The result of his conduct, described by the statute defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct.
§ Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the latter term, unless the statute clearly requires another meaning.
o Recklessness – A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offense; and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a statute using the latter term, unless the statute clearly requires another meaning.
o Negligence – A person is negligent, or acts negligently, when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.
o Willfulness – Having a bad purpose or an evil intent. Acting in accordance with knowledge. Done volitionally or non-accidentally .
o Voluntary – A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing.
o Possession as Voluntary Act – Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession.
o Ignorance or Mistake–
§ (a) A person’s ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) [720 ILCS 5/4-3] above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense.
§ (b) A per
Malice aforethought – a state of mind which shows total disregard for the value of human life. The mens rea for murder.
· Includes intentional killing, and a high degree of recklessness.
§ Such a disregard for value of human life that he should not live among us anymore, and subject to capital punishment.
· Express – intent to kill
· Implied – not an objective test, but a subjective one.
o Felony Murder:
o Murder may be charged where a killing occurs in the perpetration of an inherently-dangerous felony (any death).
o Essence: Wilful and wanton conduct which is life-threatening in the context of some other criminal activity.
o Inherently Dangerous (foreseeable—constructive malice): Note that the felony being committed at the time of the killing must be inherently dangerous.
o Wrongdoer is imputed with special awareness of the risk involved.
o Note: The felony-murder rule does not require even criminal negligence (can be accidental or by another person’s act).
A felony is considered inherently dangerous if it usually is of a life-threatening nature.
