Criminal lawLesson 2 of 5 in the course Mens rea

Criminal Intent: Foresight, Oblique Intent, and Conditional Intent

5 flashcards · 4 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

This lesson introduces criminal intent as a mental element and explains how courts distinguish intention from other states of mind. It also explores why evidence about what a person foresaw and desired can matter.

In criminal law, intent is a state of mind that must accompany the prohibited conduct for certain offences. The relevant mental element is part of mens rea, commonly translated as the guilty mind. The conduct itself is often described as the actus reus.

All flashcards

What is intent in criminal law?
A state of mind accompanying prohibited conduct for offences that require it.
How does R v Mohan describe intent in English law?
As a decision to bring about a prohibited consequence.
What is oblique intent under the R v Woollin formulation?
A consequence appreciated by the defendant as virtually certain to follow from their actions.
What is conditional intent?
An intention to bring about a result if a specified condition occurs.
What does transferred intent mean?
Attributing an existing intent to a resulting offence or victim where the applicable law permits.

Quiz questions

  1. Under section 8 of the Criminal Justice Act 1967, how should a jury assess whether a person intended or foresaw a result?Answer: By considering all the evidence, without being required to infer it solely from natural and probable consequences.
  2. What did the US Supreme Court decide about negligence in Elonis v. United States?Answer: Negligence was insufficient under the federal statute at issue; the Court did not decide whether recklessness would suffice.
  3. How do basic-intent and specific-intent classifications differ, subject to jurisdiction-specific definitions?Answer: Specific intent requires a particular further purpose or intention beyond the basic mental element.
  4. In many US legal contexts, which mental states may satisfy an intent requirement, depending on the statute?Answer: Purpose to cause a result or knowledge that it is practically certain.

Based on the Wikipedia article Intention (criminal law), licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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