Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

When does a criminal intent create liability? How much liability can a criminal intent create? When you intend to steal your neighbor's apparently insignificant deck

When does a criminal intent create liability? How much liability can a criminal intent create? When you intend to steal your neighbor's apparently insignificant deck chair are you culpable if it is actually a priceless heirloom? If you intend to break a window with a rock, but the rock strikes and kills someone on the other side are you liable for homicide of some variety? Should you be? Have you forgotten our most important question? Why punish the accidental murderer? Should we only punish for what was intended? Or should we punish for any criminal result which stems from an underlying evil intent? Can intent be different for different elements of a crime? What if the statute is silent? Consider NY Penal Law 15.15. If a defendant enters a gift shop with an intent to rob the register, is there a burglary if the owner happens to have an apartment at the back of the shop? Consider NY Penal Law 140.25. Is motive the same thing as intent? How is it different or how is it the same? Consider the different levels of intent discussed in the text and in NY Penal Law 15.05. Why are these different intents defined and discussed? What is the purpose of having multiple types of intent? Pay extra attention to recklessness and criminal negligence. 

Why do we punish these types of acts? 

Is there a true difference between these two? Is the test for identifying these types of acts subjective or objective? 

What should the test be? Is a person reckless if they have special skills or training as compared to the general public? 

Should we consider those types of special skills? How would we do that? 

What is specific intent versus general intent? Why is this difference important? Should conditional intent be considered a specific intent? Finally be sure to consider deliberate ignorance. How can you prove this? How does it compare to an omission? Should deliberate ignorance be grounds for culpability?

 

 

Step by Step Solution

There are 3 Steps involved in it

Step: 1

Answer These are complex legal questions that delve into the principles of criminal law and intent Lets break down each aspect Criminal Intent and Liability In criminal law criminal intent also known ... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Criminal Law

Authors: Jennifer Moore, John Worrall

3rd Edition

0135777623, 978-0135777626

More Books

Students also viewed these Law questions