Mens Rea 1 Flashcards
Mens rea means ___
guilty mind/intent to do the harm in the statute
Mens rea is a way of ___
passing judgment on person’s character (in that moment)
Common law mens rea has ____ terms that have ___
wide variety, no necessary relationship to each other
MPC four mental states
(1) purpose (2) knowingly (3) recklessly (4) negligently
If no mens rea element specified in MPC statute then ___ is sufficient to prove mental state
reckless
Morissette facts
M took bomb casings and sold for profit thinking they were abandoned
Morissette statute
whoever..knowingly converts govt property is punishable
Why is mens rea debated in Morissette
common law statute doesn’t explain what “knowingly” means or what intent is required
Morissette holding
Presume mens rea, court must determine if strict liability statute
Morissette says that only ____ may have strict liability
public welfare offenses with regulatory purposes (traffic violations)
Morisette reasoning
(1) even though statute silent on mental element there is need for criminal intent (2) if every time omission of mens rea meant dispensing with it then every crime would be strictly liable (3) stealing common law crime which always had intent requirement
Regina facts
D stole a gas meter didn’t turn off the gas and partially asphyxiated someone
Regina holding
maliciousness doesn’t mean wickedness it means either
(1) Actual intention to do the particular harm done (MPC purpose)
OR
(2) reckless disregard that harm will occur or not (MPC recklessness)
Regina represents a transition from thinking about mens rea as ___ to ____
moral fault, element of a crime (tied to harm in statute)
A person acts purposely with respect to a material element of an offense when the element involves the nature of his conduct or a result thereof if it is his ____ OR if the element involves the attendant circumstances he is _____
conscious object to engage in conduct of that nature or to cause such a result, aware of the existence of such circumstances and he believes/hopes they exist
A person acts knowingly with respect to material element when element involves the nature of his conduct or the attendant circumstances, he is _____and if the element involves a result of his conduct he is ____
aware that his conduct is of that nature or that such circumstances exist, aware that it is practically certain that his conduct will cause such a result
A person acts recklessly with respect to material element when he _____
consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct
For recklessness and negligence, the risk must be of such a nature and a degree that … it involves a ___
gross deviation from the standard of conduct that a law abiding person would observe in the actor’s position
A person acts negligently … when he _____
should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct
technical label for mens rea of murder
malice aforethought
Malice aforethought constitutes murder in these four scenarios
(1) intent to kill
(2) intent to commit serious bodily injury
(3) depraved heart
(4) felony murder rule applies
what is felony murder rule
killing that occurs during commission of a felony is considered murder regardless of intent to kill
what is homicide
killing another human being
what is manslaughter
criminal homicide with reduced culpability
