9. Model Penal Code Flashcards
1
Q
Actus reus
A
- Conduct elements – describes acts or omissions required to commit an offense
- Circumstance elements– external facts that must exist to commit the crime
- Result elements – any consequences of defendant’s conduct
2
Q
Mens rea
A
- Purpose – his conscious object/effort to engage in conduct or cause a result; if the element involves circumstance he is aware or believes/hopes they exist – subjective test
- Knowledge – if element involves nature of conduct, he is aware that his conduct is of that nature or that circumstances exist and if element involves results he is aware that it is practically certain that his conduct will cause that result – subjective test
o Knowledge of existence of fact is satisfied if person is aware of a high probability of its existence, unless he actually believes that it does not exist - Recklessness – consciously disregards a substantial and unjustifiable risk that material element exists or will result from conduct. Risk that is disregarded must be a gross deviation from the standard of conduct that a law-abiding person would observe in actor’s situation –hybrid, subjective – disregarded risk, objective – gross deviation
- Negligence – should be aware of a substantial and unjustifiable risk that a material element exists or will result from conduct, and the failure to perceive such a risk must involve a gross deviation from the standard of care of a reasonable person in the actor’s situation – objective
o Exceptional basis for liability - No strict liability unless statutory rape
3
Q
(MPC) - When the culpability isn’t prescribed, it is…
A
recklessness; default = recklessness
4
Q
- When there is ambiguous wording and it doesn’t distinguish among material elements….
A
the culpability term for one also provides mens rea for all other
5
Q
(MPC) - Hierarchy of mens rea
A
Purpose > Knowing > Reckless > Negligent
6
Q
(MPC) - Grading
A
punishes to degree D would’ve been guilty had situation as he supposed
