Mens Rea

Question 1

Mens Rea

Answer 1

The culpable mental state required for conviction

Question 2

Four Mental States

Answer 2

1. Purposefully/Intentionally
   (Acts with the purpose/intention to cause harm)
2. Knowingly
   (Have actual knowledge or awareness of a required material fact)
3. Recklessly
   (Conscious disregard of substantial and unjustifiable risk)
4. Negligently
   (Should have known of substantial and unjustifiable risk)

Question 3

Two Other Ways Knowledge Can Be Met

Answer 3

Yermian: Constructive knowledge (if a person should have known the material fact)

Jewell: Willful blindness (being deliberately ignorant to the material fact; you knew but chose to look the other way)

Question 4

Alternative Ways for Establishing Intent

Answer 4

Natural and Probable Consequences Doctrine

Transferred Intent

Question 5

Natural and Probable Consequences Doctrine

Answer 5

A criminal ∆’s intent to kill may be presumed if the natural and probable consequence of his wrongful act is to cause death.

Considers the surrounding circumstances, including the weapon used and the manner of inflicting the wound.

Question 6

Transferred Intent

Answer 6

When a defendant acts with an intent to cause harm to one person and that act results in harm to another person, the defendant can be liable for the harm caused

Common Law: D’s guilt is the same if attempts to kill one person but actually kills another instead

CA incorporated Common Law: If intend to kill A and kill A and B, cant transfer intent to B, b/c intent to kill 2 people is different than intent to kill 1

Question 7

Specific Intent Crimes

Answer 7

Beyond intent to commit the prohibited act

These crimes have a specifically named intent (Burglary: Breaking and entering a structure with the intent to commit a felony therein)

Question 8

General Intent Crimes

Answer 8

Just the intent to do the act

Question 9

Strict Liability

Answer 9

∆ is guilty regardless of mental state

Question 10

Strict Liability Crimes

Answer 10

Crimes that have no intent element; the performance of the unlawful act is enough

Examples: parking ticket, statutory rape, public welfare offenses

Question 11

Mistake of Fact

Answer 11

Specific intent crimes: mistake of fact may negate mens rea requirement if mistake is honest. Does not need to be reasonable.

General intent crimes: mistake of fact must be honest and reasonable in order to negate the mens rea requirement

Strict liability crimes: Mistake of fact will not affect culpability because there is no mens rea requirement

Question 12

Mistake of Law

Answer 12

Is not a defense under common law

Ignorance of the law is no excuse