By Joycelyn M. Pollock (Auth.)
ISBN-10: 1593455046
ISBN-13: 9781593455040
Read or Download Criminal Law PDF
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Extra resources for Criminal Law
Sample text
Included in the decision is this definition of specific intent: Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desires the prescribed consequences to follow from his act or failure to act. . , shoot, stab, hit the victim), but that the offender intended the result (death). On the other hand, second-degree murder is a general intent crime because the prosecutor must prove only that the defendant intended to do the act that resulted in the death of the victim.
The only state of mind required is the intent to commit the act constituting the crime. The person charged need not have intended to violate the law, nor have been aware that the law made the act criminal. If specific intent is not required as an element of the crime, general intent may be inferred from the fact that the defendant engaged in the prohibited conduct. ”40 In defining general intent, a New York court stated that in a prosecution for a general intent crime, the government needs to prove only that the defendant intended to do what the law forbids; it is not necessary for the prosecution to prove that the defendant intended the precise result that occurred.
41, 19 L. Ed. 593 (1869). 19 See generally, KANOVITZ & KANOVITZ, CONSTITUTIONAL LAW (10th ed. 2006). 20 United States v. S. 549 (1995). 21 Bissell v. S. 287, 16 L. Ed. 664 (1861); City of Owensboro v. Commonwealth, 105 Ky. W. 320 (1899). 22 Salt Lake City v. Young, 45 Utah 349, 145 P. 1047 (1915); Akron v. W. 773 (1914). 23 Spann v. Dallas, 111 Tex. W. 513 (1921). 2d 535 (1961). See also State v. 2d 1125 (7th Cir. 1991) and State v. 2d 614 (W. Va. 1991). 25 United States v. S. 87, 96 S. Ct. 316, 46 L.