BLAW 3201 : Test 2
Document Summary
Crimes- offenses against society: one offense could be criminal and/or tort. Most common law and some statutory crimes require subjective fault. Some crimes only require objective fault, whereas other statutory crimes require no fault at all. Two types of subjective fault: purposeful, knowing, and reckless: a person acts purposely, or intentionally, if his conscious goal is to engage in a prohibited conduct or to cause a prohibited result. Murder: a person acts knowingly if he is aware that his conduct is prohibited, and he realizes that a prohibited result is almost certain to occur. 2nd degree murder: a person acts recklessly if he consciously disregards a substantial and unjustifiable risk that his conduct is prohibited or that it will cause the prohibited result. Vehicular homicide or controlled substance near toddlers: for objective fault to occur, a person must deviate substantially from the standard of care that a reasonable person would be expected to observe under the given circumstances.