Specific Intent vs General Intent Crimes
These flashcards cover the distinction between specific intent and general intent crimes, one of the most tested mens rea classifications on the bar exam and in law school finals. Specific intent crimes require proof that the defendant acted with a particular purpose or desired result, while general intent crimes only require intent to perform the act itself. This distinction is critical for analyzing defenses like voluntary intoxication and mistake of fact, which apply differently based on intent category.
Interactive Deck
5 CardsName four crimes classified as specific intent crimes.
How does the MPC treat specific vs general intent?
Master this topic effortlessly.
Study G helps you master any topic effortlessly using proven learning algorithms and smart review timing
Download Study GFrequently Asked Questions
What crimes are specific intent crimes on the bar exam?
The most frequently tested specific intent crimes include first-degree murder, burglary, larceny, robbery, solicitation, conspiracy, assault (attempted battery type), and attempt. These crimes require proof that the defendant acted with a particular purpose beyond the physical act itself.
Can voluntary intoxication be a defense to battery?
No. Battery is a general intent crime, so voluntary intoxication is not a valid defense. Voluntary intoxication only negates the required mental state for specific intent crimes, where the defendant must have consciously desired a specific result or future act. Courts reason that getting drunk does not eliminate general awareness of actions.
What is the difference between specific intent and strict liability?
Specific intent crimes require the highest level of mens rea — the defendant must have a particular purpose or desired outcome. Strict liability crimes require no mens rea at all — the defendant is guilty simply by committing the act, regardless of intent or knowledge.
- Specific intent example: first-degree murder
- Strict liability example: statutory rape, regulatory offenses
