Bens's Mens Rea *** IN PROGRESS *** Flashcards
Model Penal Code
MPC § 2.02. General Requirements of Culpability.
PURPOSELY
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Purposely: A person acts purposely with respect to a material element of an offense when:
i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
Model Penal Code
MPC § 2.02. General Requirements of Culpability.
KNOWINGLY
-
Knowingly: A person acts knowingly with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
Model Penal Code
MPC § 2.02. General Requirements of Culpability.
RECKLESSLY
- Recklessly: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.
Model Penal Code
MPC § 2.02. General Requirements of Culpability.
NEGLIGENTLY
- Negligently: A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.
New York Penal Law
NYPL § 15.05. Culpability: definition of culpable mental states
INTENTIONALLY
- “Intentionally.” A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.
New York Penal Law
NYPL § 15.05. Culpability: definition of culpable mental states
KNOWINGLY
- “Knowingly.” A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstanceexists.
New York Penal Law
NYPL § 15.05. Culpability: definition of culpable mental states
RECKLESSLY
- “Recklessly.” A person acts recklessly with respect to a result orto a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
New York Penal Law
NYPL § 15.05. Culpability: definition of culpable mental states
CRIMINAL NEGLIGENCE
- “Criminal negligence.” A person acts with criminal negligence with respect to a result or to a circumstance described by a statute definining offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
Presumption of application of mens rea elements
MPC 2.02(4) vs NYPL 15.15(1)
MPC 2.02(4) “When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.”
NYPL 15.15(1) “When one and only one of such terms appears in a statute defining an offense, it is presumed to apply to every element ofthe offense unless an intent to limit its application clearly appears.
*** “Material vs no material” ***
Lenity Doctrine under Common Law
If the legislative intent is unclear to the Court, it is to be interpreted in favor of the defendant
Lenity Doctrine under MPC
NO Lenity Doctrine
Lenity Doctrine under NYPL
NO Lenity Doctrine. Rule of Strictly Construed statutes DOES NOT APPLY.
Willful Blindness under Common Law
N/A
Willful Blindness under MPC
Knowledge if a person is aware of a high probability of its existence
(E.G. State v. Nations, 17 y/o dancer)
Willful Blindness under NYPL
NO Willful Blindness
