Concepts of Criminal Law – discussion week 2

(1d) Two kinds of fault satisfy the mental element in criminal liability: subjective fault or objective fault. A third kind of fault is strict liability.

General intent usually means the intent to commit the criminal act as defined in a statute. Specific intent is most commonly defined as the intent to commit the actus reus of the crime, and some “special mental element” in addition to the intent to commit the criminal act.

Please respond to the following prompts: ◦How can ignorance of facts and law create a reasonable doubt that the prosecution has proved the element of criminal intent? ◦How does this relate to mens rea? ◦In what situations might ignorance not be important?

Samaha, J. (2013). Criminal Law, 11e, 11th Edition. ISBN: 9781285630731

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