Smith and Roberson's Business Law
Smith and Roberson's Business Law
16th Edition
ISBN: 9781285428253
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 6, Problem 1CO
Summary Introduction

To discuss: Criminal intent and the various degree mental fault.

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Explanation of Solution

The criminal intent is an element that has to be present in order to define the criminal act. The criminal intent or the mental intent is also referred to as the mens rea that describes the mental elements for a crime, the elements can be of objective or either subjective. The subjective fault mainly consists of the most common law and certain statutory crimes.

For the occurrence of the objective fault, there must be a substantial deviation on the standard of care by a person that would be expected by the reasonable person for the purpose of observation under the given scenario. In criminal statuses, the objectives can be defined as carelessness or negligence.

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