Compare and Contrast of Criminal Intent
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Compare and Contrast meaning of Intent.
According to the Model Penal Code, Intent, also known as intentionally is defined as “Purposely”, and according to MPC Purposely is defined in section 2.02 with equivalent words such as with purpose, designed, or with design. All have the same meaning.
According to the MPC the minimum level of culpability for purposely states that ” A person acts purposely with respect to a material element of an offense when: (1) if the element involves the nature of his/her conduct or a result thereof, it is his/her conscious object to engage in conduct of that nature or to cause such a result; and (2) if the element involves the attendant circumstances, he/she is aware of the existence of such circumstances or he/she believes or hopes that they exist.
Oregon Revised Statute 161.085 (7) defines intent as; when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to cause the end result or to engage in the conduct to cause the end result.
In comparing the two, they essentially say the same thing, however they are different in that the MPC is more spelled out, it has a much more in depth definition, whereas the ORS is not so well defined, is more compact so to speak.
The MPC is the penal code for the United States, it serves as a guideline for State Legislatures so as to assist them in creating their criminal codes. By having such a broad definition, it gives states a variety of ways to say what they want to say in their criminal codes.
The ORS is different In that it is specifically for Oregon, created by Oregon Legislature and Implemented by the Oregon Government.
Bibliography
Criminal Law Today
Schmalleger, Hall, & Dolatowski 4th ed.2010
Criminal Code of Oregon 2010.