California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A technician, frustrated with his slow computer, slams his fist down on the keyboard, damaging it. He did not intend to damage the keyboard specifically, but he knew with substantial certainty that damage would result from his forceful action. Under the common law, what is the most appropriate mens rea for his action?
- AGeneral Intent
- BRecklessness
- CSpecific Intent
- DCriminal Negligence
Show answer & explanationAnswer & explanation
Correct answer: A. General Intent
Common law general intent applies when the defendant intends to perform the physical act, and either intends the natural and probable consequences of the act, or knows with substantial certainty that the result will occur. Here, the technician intended to slam his fist and knew with substantial certainty that damage would result, thus satisfying general intent.
Why the other options are wrong
- B. Recklessness involves consciously disregarding a substantial and unjustifiable risk, but here, he knew with 'substantial certainty,' which is a higher level of awareness than mere risk disregard.
- C. Specific intent requires desiring a particular result, which was not explicitly stated here (he didn't necessarily 'desire' to damage it, just knew it would happen).
- D. Criminal negligence involves a gross deviation from a reasonable standard of care, where the defendant 'should have known' but wasn't necessarily aware. Here, he 'knew with substantial certainty'.
General Intent (Common Law)
The intent to perform the physical act (actus reus) of the crime. The defendant either intends the natural and probable consequences of the act or knows with substantial certainty that the result will occur.
- Intent to do the physical act
- Does not require intent to achieve a specific result beyond the act itself
- Includes knowledge with substantial certainty of consequences
- Applies to most common law crimes (e.g., battery, arson, rape)
Memory trick: Mind's crime: specific aim, or general the same.