Montana Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
Crimes with general intent involve knowingly committing a criminal act. Specific intent crimes involve knowingly committing the criminal act as well as an intent to cause a particular result by committing the act.
(6) Requirement of Purpose Satisfied if Purpose Is Conditional. When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
An act is done "willfully" if done voluntarily and intentionally and with the specific intent to do something the law forbids. There is no requirement that the government show evil intent on the part of a defendant in order to prove that the act was done "willfully." See generally United States v. Gregg, 612 F.
Intent generally refers to the mental objective behind an action. The concept of intent is often the focal point of Criminal Law and is generally shown by circumstantial evidence such as the acts or knowledge of the defendant.
The difference is this: to act knowingly is to act with knowledge of what one is doing, that is, to act with the intent to do the act that is proscribed by the law. To act willfully requires that the defendant act with knowledge of what the law proscribes and to act in violation of the law, knowing that he is doing so.
Probable cause requires objective facts, not subjective beliefs. A police officer must have more than a subjective hunch to make an arrest or get an arrest warrant. They need to have objective evidence that indicates the suspect's responsibility for the crime.
Referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property."