Mental State
A. Four mental states at common law
1. Specific intent
2. Malice
3. General intent
4. Strict liability
B. Specific intent
1. Doing the act with a specific intent/objective
a. Cannot be inferred – prosecution must produce evidence on it
2. Eligible for two additional defenses
a. Voluntary intoxication
b. Unreasonable mistake of fact
3. Specific intent crimes
a. Solicitation
b. Conspiracy
c. Attempt
d. First degree murder
i. If on exam you see “murder” they mean common law murder
e. Assault *** (if viewed as “assault as an attempted battery”)
f. Larceny
g. Robbery
h. Embezzlement
i. Burglary
j. Forgery
k. False pretenses
C. Malice
1. Reckless disregard for an obvious/high risk that the particular harmful result would occur
2. Malice crimes
a. Arson
b. Murder (common law)
D. General intent
1. Aware of the attendant circumstances
a. Aware of a highly likelihood that they exist
2. General intent crimes – all other crimes not eligible for strict liability
E. Strict liability
1. There are no defenses that negate intent
2. How to tell on exam, if given statute?
a. If in administrative, regulatory, or morality area and don’t see any adverbs (knowingly, etc…) then they mean strict liability
F. Transferred intent
1. Intend the crime against one but do it to another
2. The defendant may be guilty of two crimes
a. Completed crime
b. Attempt against the intended target
3. Does not apply to an attempted crime
G. Accomplice liability
1. Liable for:
a. Crime itself
b. All other foreseeable crimes
2. Encouraged/helped another commit a crime
3. Requires intent to aid
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