32 Questions
What is one of the two general requirements for criminal liability?
Voluntary act
What is an example of failing to perform an act which one is physically capable of doing and which it was one's duty to perform?
A doctor choosing not to perform CPR on a neighbor whom they are in a property dispute with
What is the term for a situation in which a person is induced to commit a crime that the person would not have committed otherwise?
Entrapment
What is one of the objectives of this course?
All of the above
What is the relationship between intoxication and criminal liability?
Intoxication can affect criminal liability in certain circumstances
What is the second general requirement for criminal liability?
Culpable mental state
What is the mental state required when a person acts with the conscious object of engaging in certain conduct or causing a result?
Purposely
A person acts with criminal negligence when they fail to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a what?
Gross deviation from the standard of care
What is required for a defendant to be held accountable for the actions of another?
The defendant must have whatever mental state is required for the crime
What is the definition of entrapment according to the Lectic Law Dictionary?
A person is induced or persuaded by law enforcement officers to commit a crime they had no previous intent to commit
What is the effect of voluntary intoxication on criminal liability?
It is inadmissible to negate a mental state
What is the condition required for involuntary intoxication to be a defense?
The person was forced to consume the substance
A person acts recklessly when they consciously disregard a what?
Substantial and unjustifiable risk
What is the effect of involuntary intoxication on criminal liability?
It negates criminal liability
Who has the burden of injecting the issue for a defense of intoxicated or drugged condition?
The defense
What is the second requirement for entrapment?
The person was not already predisposed to commit the crime
What is the primary focus of the General Provisions in the Missouri Criminal Code?
General principles of criminal liability
Which of the following is an example of a voluntary act?
A medical professional choosing not to perform CPR on a neighbor
What is the term for a situation in which a person is not criminally liable due to being forced to commit a crime?
Duress
What is the result of a person's conscious effort and determination in committing a voluntary act?
A bodily movement that is the result of their conscious effort and determination
What is the relationship between the two general requirements for criminal liability?
They are both necessary for criminal liability
What is the primary difference between voluntary and involuntary intoxication in terms of criminal liability?
The circumstances of the intoxication
What is the mental state required when a person is aware of the nature of their conduct or that the circumstances exist?
Knowingly
Under what condition can a person be held accountable for the actions of another?
If they had the required mental state for the crime
What is required for a person to be considered 'entrapped'?
The person was not predisposed to commit the crime and was persuaded by law enforcement officers
What is the effect of involuntary intoxication on criminal liability?
It is considered a defense in a crime if the person lacked the capacity to know or appreciate the nature, quality, or wrongfulness of the criminal conduct
What is the difference between 'recklessly' and 'criminal negligence'?
Recklessly involves being aware of a substantial and unjustifiable risk, while criminal negligence involves disregarding the risk
What is the mental state required for 'purposely' conduct?
Conscious object of engaging in certain conduct or causing a result
What is the role of the defendant in raising the issue of involuntary intoxication as a defense?
The defendant has the burden of injecting the issue
What is the difference between 'purposely' and 'knowingly'?
Purposely involves a conscious object, while knowingly involves awareness of the circumstances
When can a person be held accountable for the actions of another?
When they aid or agree to aid or attempt to aid another person in planning, committing, or attempting to commit the offense
What is the relationship between 'recklessly' and 'criminal negligence'?
Recklessly involves a conscious disregard, while criminal negligence involves a failure to be aware
Study Notes
General Provisions of Missouri Criminal Code
- The code covers general principles of criminal liability, including basic requirements of conduct, culpable mental states, and accessory liability.
- It also covers general defenses, such as entrapment, duress, and the effect of intoxication on criminal liability.
Two General Requirements for Criminal Liability
- Voluntary Act: a bodily movement resulting from conscious effort and determination, or failure to perform an act that one is physically capable of doing and has a duty to perform.
- Culpable Mental State: the mental state required for criminal liability, including purposely, knowingly, recklessly, and with criminal negligence.
Culpable Mental States
- Purposely: when a person's conscious object is to engage in conduct or cause a result.
- Knowingly: when a person is aware of the nature of their conduct or circumstances, or that their conduct is practically certain to cause a result.
- Recklessly: when a person consciously disregards a substantial and unjustifiable risk that circumstances exist or a result will follow.
- With Criminal Negligence: when a person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow.
Responsibility for the Conduct of Another
- A defendant can be held accountable for the actions of another if they have the required mental state for the crime.
- The defendant must have aided or agreed to aid or attempted to aid the other person in planning, committing, or attempting to commit the offense.
Entrapment
- Defined as when a person is induced or persuaded by law enforcement officers or their agents to commit a crime they had no previous intent to commit.
- Two requirements for entrapment: (1) solicitation or encouragement by an officer or someone working with an officer, and (2) the person was not already predisposed to commit the crime.
Effect of Intoxication on Criminal Liability
- Voluntary intoxication or drugged condition is not admissible to negate a mental state.
- Involuntary intoxication can be a defense if the person lacked the capacity to know or appreciate the nature, quality, or wrongfulness of the criminal conduct.
- Involuntary intoxication occurs when the person was forced to consume the substance or had no way of knowing it would cause intoxication.
General Provisions of Missouri Criminal Code
- The code covers general principles of criminal liability, including basic requirements of conduct, culpable mental states, and accessory liability.
- It also covers general defenses, such as entrapment, duress, and the effect of intoxication on criminal liability.
Two General Requirements for Criminal Liability
- Voluntary Act: a bodily movement resulting from conscious effort and determination, or failure to perform an act that one is physically capable of doing and has a duty to perform.
- Culpable Mental State: the mental state required for criminal liability, including purposely, knowingly, recklessly, and with criminal negligence.
Culpable Mental States
- Purposely: when a person's conscious object is to engage in conduct or cause a result.
- Knowingly: when a person is aware of the nature of their conduct or circumstances, or that their conduct is practically certain to cause a result.
- Recklessly: when a person consciously disregards a substantial and unjustifiable risk that circumstances exist or a result will follow.
- With Criminal Negligence: when a person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow.
Responsibility for the Conduct of Another
- A defendant can be held accountable for the actions of another if they have the required mental state for the crime.
- The defendant must have aided or agreed to aid or attempted to aid the other person in planning, committing, or attempting to commit the offense.
Entrapment
- Defined as when a person is induced or persuaded by law enforcement officers or their agents to commit a crime they had no previous intent to commit.
- Two requirements for entrapment: (1) solicitation or encouragement by an officer or someone working with an officer, and (2) the person was not already predisposed to commit the crime.
Effect of Intoxication on Criminal Liability
- Voluntary intoxication or drugged condition is not admissible to negate a mental state.
- Involuntary intoxication can be a defense if the person lacked the capacity to know or appreciate the nature, quality, or wrongfulness of the criminal conduct.
- Involuntary intoxication occurs when the person was forced to consume the substance or had no way of knowing it would cause intoxication.
Learn about the general principles of criminal liability in Missouri, including voluntary acts, culpable mental states, and accessory liability, as well as general defenses.
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