swissalps007 wrote:Gotta a pretty general criminal law question that I'm hoping someone will help me out with. In considering mental states: is it safe to say that the Model Penal Code mental states of purposely and knowingly are equal to specific intent, while recklessly and and negligently are general intent? If NOT, why? Just trying to get the notion of specif and general intent straight, considering also the 4 mental states.
Matching up the four mental states with specific intent and general intent can be a nightmare, especially because specific intent/general intent can have multiple meanings. But what you said is probably the predominant view on how they match up (Dressler mentions this in Understanding Criminal Law...If I remember correctly he says some views are that SI=P and GI=K,R, but the predominant view was probably SI=P,K and GI=R). It gets to be even more of a nightmare when considering attendant circumstances, because the previous match-ups are for conduct/result. The bad news is that I don't think there is any consensus on what matches with AC (and it may be different depending on the crime). Our prof stuck with the idea that SI=P with regard to conduct/result and K with regard to AC, but I don't think this is a widely accepted view. If your teacher mentioned anything that says differently than this, go with that though. If you're not sure what your professor wants and this comes up on the exam just argue multiple ways.