Actus Reus and Mens Rea

Question 1

What is actus reus

Answer 1

A voluntary act, omission, or possession that produces the prohibited result

Actus=act reus=prohibited result

Question 2

What are you responsible for when it comes to actus reus?

Answer 2

Only responsible for voluntary, conscious acts. Not responsible for sleepwalkng, hypnotic state, reflexes, convulsions, and unconscious acts

Question 3

What is needed for an act to actually be an act?

Answer 3

volition (physical acts), knowledge (possession), or duty (for omission)

Question 4

What is the rule for duty

Answer 4

You have no general duty to act, but must act when there is a legal duty

Question 5

What are some situations where an obligation is created?

Answer 5

Status of relationship (parent-child)
Statutory duty (to pay taxes)
Contractual duty (babysitter)
Isolation/assumption of care (duty after starting to rescue
Duty by creation of the risk (auto accident)

Question 6

What is the definition of mens rea

Answer 6

The requisite intent to prove a crime. The guilty mind, the culpable mental state.

It is a sine qua non (an essential condition, it is absolutely necessary)

Question 7

Why is mens rea a fundamental principle of criminal law

Answer 7

It justifies punishment because it links the act with the criminal intent

Question 8

What is culpability aspect of mens rea

Answer 8

The idea that any morally blameworthy state of mind that brings about any prohibited result is criminal

Question 9

What is the elemental aspect of mens rea

Answer 9

This is the modern approach. Requires the culpable state of mind that makes the AR criminal. The statutorily defined mental link b/w the act and the prohibited result

Question 10

What is the common law concept of “malice”

Answer 10

originally meant “wicked” Redifined to mean: intent (express malice, defined by purpose or knowledge) and recklessness (implied malice, wanton disregard– foreseeable harm may occur but you take the risk away)

Question 11

What is the common law concept of “intent”

Answer 11

Purpose (conscious objective to bring about a certain result) or Knowledge (substantial certainty that the prohibited result will occur)

Question 12

What is transferred intent

Answer 12

Intent transfers if you produce the intended prohibited result. If the initial MR for harm existed, liability still exists if harm caused was different than harm intended

Question 13

What is general intent (only at CL)

Answer 13

MR that relates back to the event (every crime has a general intent. (ex. Battery MR is intent to touch)

Question 14

What is specific intent (only at CL)

Answer 14

An additional MR beyond the first MR. Any offense that adds “with intent to” adds a specific intent

Question 15

What are the 3 common law culpable mental states

Answer 15

intent, recklessness, negligence

Question 16

What is intent (CL)

Answer 16

Conscious objective (purpose) to bring about the prohibited result or knowledge that prohibited result is substantially certain to occur

Question 17

How is knowledge of inputed? (CL)

Answer 17

Defendant is actually aware of the fact
Correctly believes that a fact exists
Suspects that it exists and purposefully avoids learning if it exists (willful blindness)

Question 18

What is recklessness (CL)

Answer 18

Awareness of a risk that may cause an outcome and ignore that risk

Question 19

What is negligence (CL)

Answer 19

Defendant doesn’t realize the risk but a reasonable person would. A gross deviation from societal standard of care

Question 20

What is strict liability

Answer 20

no MR to prove. All you have to prove is the act (statutory rape)

Question 21

What are the MPC culpable mental states

Answer 21

Purpose
Knowledge
Recklessness
Negligence

Question 22

What is purpose (MC)

Answer 22

Conscious objective of committing the act or producing a certain result

Question 23

What is knowledge (MPC)

Answer 23

Knowledge that prohibited result is substantially certain

Question 24

How is knowledge imputed

Answer 24

2. Knowledge of attendant circumstances Knowledge is imputed if:
   a. ∆ is actually aware of the fact
   b. Correctly believes that a fact exists
   c. Suspects that it exists and purposefully avoids learning if it exists (willful blindness—deliberately avoiding learning the truth—shows recklessness regarding truth so its considered knowledge)

Question 25

What is recklessness (MPC

Answer 25

awareness of a risk that may cause an outcome and ignoring that risk

Question 26

What is negligence (MPC)

Answer 26

Defendant doesnt realize the risk but a reasonable person would

Question 27

What is CL willful blindness

Answer 27

It is Intent at CL means both purpose and knowledge of substantial certainty

Question 28

What is MPC willful blindness

Answer 28

it is under the definition of knowledge. Knowingly is not just actual knowledge, but also with substantial certainty.

Element of knowledge may be satisfied by the inference from the proof that a defendant deliberately closed his eyes to what otherwise would have been obvious to him