Actus Reus
This case upheld a hate-crime penalty enhancement, ruling it punished conduct motivated by bias, not “thoughts.”
Wisconsin v. Mitchell
4 justifications of Punishment
1. Rehabilitation
2. Deterrence
3. Incapacitation
4. Retribution
Under common law, a specific-intent crime allows a mistake of fact defense if the mistake is ______, even if unreasonable.
'Honest'
Under the MPC, there are exactly four defined mental states. Name two.
Purposely, knowingly, recklessly, and negligently
A voluntary act is defined as this kind of bodily movement.
Conscious, willed bodily movement
What constitutional doctrine did the Supreme Court apply in Papachristou v. Jacksonville to strike down the vagrancy ordinance?
The void-for-vagueness doctrine under the Due Process Clause.
The official interpretation exception is also known as this...
Entrapment by estoppel
When a statute is silent on mens rea, the MPC’s default requirement is ______.
Recklessness
While Failure to act generally does not create liability unless one of these four exceptions applies.
1. special relationships,
2. legal duties (by contract or statute),
3. creating the risk, or
4. voluntary assumption of care
What were the two principal justifications in Ewin?
Deterrence; Incapacitation
People v. Marrero held that the interpretation of the statute was not a defense because ______.
It was not an official interpretation by someone of authority
What is the concept of deliberate failure to learn the truth, which can satisfy knowledge.
Willful blindness or deliberate ignorance
In State v. Decina, when was the 'voluntariness' element met? And when was it not met?
Met: Decision to drive
Not Met: Seizure causing crash
For Equal Protection strict scrutiny, the two elements are...
The government must show a compelling governmental interest.
The law or policy must be narrowly tailored (the least restrictive means) to achieve that interest.
This Model Penal Code section eliminates the distinction between specific and general intent and allows mistake of fact if it negates the required mental state.
MPC § 2.04(1)
In United States v. Yermian, the Court held that the mens rea did NOT apply to the ______ element of the false statement statute.
Federal jurisdiction element
Why did the Court find there was no legal duty in People v. Beardsley?
Their connection was limited to a short-term, illicit “weekend affair.”
What did the residual clause in §16(b) define crimes of violence as?
Felonies involving a “substantial risk” of force.
Strict liability crimes do not allow a mistake-of-law defense because they lack this element.
Mens rea
Public Welfare / Regulatory Offenses
Aggravating factors for enhanced sentencing