4.12 SPECIFIC INTENT/GENERAL INTENT

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Multi-State
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US-JURY-7THCIR-4-12-CR
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Word
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

4.12 Specific Intent/General Intent is a legal definition used to determine the level of criminal intent. It is an important part of criminal law and is used to determine whether an act was done with the intention of committing a crime, or if the actions were done without the knowledge or understanding of the criminal consequences. Specific Intent is when an individual has a conscious desire to commit a crime; they understand what they are doing, and they intend to carry out the criminal act. An example of this would be premeditated murder. General Intent is when an individual does not necessarily have a desire to commit a crime, but they still understand that their actions will result in criminal consequences. An example of this would be driving without a valid license.

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FAQ

Three types of criminal intent exist: (1) general intent, which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and presdisposition (such as burglary); and (3) constructive intent, the unintentional results of an act (such as a pedestrian death resulting from

General intent is an actual intent to perform some act, but without a wish for the consequences that result from that act. Depending on the offense alleged, both tort plaintiffs and criminal prosecutors may need to prove that the defendant acted with general intent.

Model Penal Code Criminal Intent The Model Penal Code divides criminal intent into four states of mind listed in order of culpability: purposely, knowingly, recklessly, and negligently.

Specific intent crimes require that the perpetrator was in a state of mind to commit a specific harm, known under the law as mens rea. Mens rea means ?guilty mind? in Latin. General intent crimes, on the other hand, do not need to prove a specific state of mind for a conviction.

Crimes with general intent involve knowingly committing a criminal act. Specific intent crimes involve knowingly committing the criminal act as well as an intent to cause a particular result by committing the act.

There are four kinds of criminal intent: purposeful, knowing, reckless, and negligent.

Actual intent to perform some act, along with a wish for the consequences that result from that act.

A common example of a specific intent crime is first degree murder. A defendant is only guilty of this offense if he actually intended to cause someone's death. It is not enough for a district attorney to show that an accused shot, stabbed or poisoned someone.

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4.12 SPECIFIC INTENT/GENERAL INTENT