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A person has "knowledge" of a material fact if he is aware of the fact or he correctly believes that it exists. Most jurisdictions also permit a finding of knowledge of an attendant circumstance when the defendant is said to be guilty of " willful...
Mens Rea - "Knowingly" II
... Blindness" or "deliberate ignorance," i.e. if the defendant is aware of a high probability of the existence of the fact in question, and he deliberately fails to investigate in order to avoid confirmation.
3 Types of Crimes I
- Specific Intent - Requires an actual subjective intent to cause a specific result.
General Intent - requires only an intent to do the prescribed act.
- Strict liability - requires no mens rea
-- Reg offenses
-- Reg of food, drugs, firearms
3 Types of Crimes II
-- Morality crimes
Voluntary Intoxication - SI
A defense to a specific intent crime where it negates the mens era, but no defense to a general intent crime (e.g. arson).
Mistake of Fact
-Specific Intent-Any mistake, reasonable or unreasonable
-General Intent-Only reasonable mistake
-Strict liability-Mistake of fact is no defense
-Reas. non-deadly force is allowed where defendant reas. believes it is necessary to avert imminent harm
1.To meet deadly force, or
2.To counter a threat of serious bodily harm
General Rule: No duty to retreat
M'Naghten Rule - Cognitive test
1)Defendant does not know the nature and quality of his act, OR
2)he does not know what he was doing was wrong
To be guilty of felony murder, the killing must have been done in the furtherance of the felony, but the victim must be an innocent party. Felony murder does not apply when the person killed is a co-felon.