Pierson
Criminal Law
Looseleaf Fall 2012
Intent
EACH MATERIAL ELEMENT OF OFFENSE
MPC
1. Always intent element
2. Always 1 of 4 ^
3. No “specific intent”
4. Codified rules of construction –> standardized intent
Purposely
1. Element involves nature of his conduct/result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result AND
2. If the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes/hopes that they exist
1. Purposeful conduct AND
2. Circumstances–aware & hopes/believes they exist
Knowingly
1. If the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature of that such circumstances exist AND
2. If the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result
1. Knowledge of circumstances & conduct AND
2. Practically certain conduct–>result
Jewell–deliberate ignorance = positive knowledge
GENERAL INTENT but also can be specific intent
Recklessly
A person acts recklessly with respect to each material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation
1. Conscious disregard
2. Substantial/unjustifiable risk
3. Gross deviation from law-abiding person's standard of conduct
4. Actor's situation
Negligently
Should be aware of a substantial & unjustifiable risk that material element exists/will result from his conduct. The risk must be of such a nature & degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation
1. Should be aware
2. Unjustifiable risk
3. Exist/result from conduct
4. Failure to perceive = gross deviation from standard of care
5. Reasonable person
6. Actor's situation
Santillanes
Cut nephew's throat during a scuffle–has to be CRIMINAL NEGLIGENCE, not simply civil breach of a duty to reasonable care–knew/should have known & acted reckless disregard
–not just morally culpable–legal duty & failed or reckless in failure to realize danger of circumstances
Specific Intent (Non-MPC)
1. More exceptions
2. Lots of intent terms (inconsistent)
3. Specific intent
4. Not as clear on rules of construction
Act done with a purpose
Cheek–specific intent crimes required ∆ to act willfully–he had sincere belief & acted w/o wilfullness
wanted honestly held and NOT an objectively reasonable standard (just bad faith or evil motive)
Thacker
No attempted murder for trying to shoot the light out
Marley
Specific intent cannot be imputed t
ATM, overturned
Thacker
Attempted murder, no intent & drunk
Lopez
Can't specifically intend passion/mental condition (attempted second degree murder)–can't intend existence of mitigating factor
It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be
1. No defense
2. Factually/legally impossible
3. If circumstances as defendant believe
Smith
HIV biter, even if it was impossible to give it (d&d weapon bite)–if circumstances as ∆ believed, d&d weapon
Person is not liable if under the circumstances manifesting a voluntary and complete renunciation of his criminal intent, he avoided the commission of the offense attempted by abandoning his criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof. Burden of inject issue on defendant
1. Not liable
2. Voluntary & complete renunciation
3. Avoid commission of offense
4. Abandon criminal effort
5. If mere abandonment not enough, further & affirmative steps to prevent
