What Is Basic And Specific Intent?

What is the difference between basic and specific intent?

Specific intent refers to offences where intention is necessary to satisfy mens rea.

Basic intent refers to offences where either intention or recklessness will satisfy mens rea..

What are the 3 types of intent?

The three common-law intents ranked in order of culpability are malice aforethought, specific intent, and general intent. Specific intent is the intent to bring about a certain result, do something other than the criminal act, or scienter. General intent is simply the intent to perform the criminal act.

What are the 4 types of mens rea?

The Model Penal Code recognizes four different levels of mens rea: purpose (same as intent), knowledge, recklessness and negligence.

How is intent proven?

For general intent, the prosecution need only prove that the defendant intended to do the act in question, whereas proving specific intent would require the prosecution to prove that the defendant intended to bring about a specific consequence through his or her actions, or that he or she perform the action with a …

Is intent hard to prove?

Since intent is a mental state, it is one of the most difficult things to prove. There is rarely any direct evidence of a defendant’s intent, as nearly no one who commits a crime willingly admits it. To prove criminal intent, one must rely on circumstantial evidence.

What is an example of actus reus?

‘ One example is where there is a Driving While Intoxicated (DWI) statute. … In contrast, there are crimes where the actus reus of the criminal statute requires that the act caused harm. For example, if a person commits the crime of kidnapping, the person first takes an individual and then detains the individual.

Do you need both actus rea and mens rea?

In jurisdictions with due process, there must be both actus reus (“guilty act”) and mens rea for a defendant to be guilty of a crime (see concurrence). As a general rule, someone who acted without mental fault is not liable in criminal law. Exceptions are known as strict liability crimes.

What is basic intent?

New Word Suggestion. In law, a crime with a mens rea element that can be intent or recklessness to commit the actus reus, but requires no further or ulterior intent. Also known as general intent.

What are the two elements required to be convicted of an intent crime?

For a criminal offence to occur there must be two main elements – the prohibited conduct and the mental element of a guilty mind or intention.

What crimes are specific intent?

A specific intent crime is one where the defendant must both: intend to commit an unlawful act, and. specifically intend to violate the law….Examples of specific intent crimes are:arson,burglary,forgery, and.robbery.

What is specific intent in law?

Specific intent crimes typically require that the defendant intentionally commit an act and intend to cause a particular result when committing that act.