Mens Rea

Question 1

what are the gradations of mens real according to the MPC

Answer 1

1. Purposely
2. Knowingly
3. Recklessly
4. Negligently
5. Strict liability

Question 2

what are the common law gradations of mens rea

Answer 2

specific = purposely or knowingly

general intent = recklessly or negligently

Question 3

What is ‘puposely’

Answer 3

to desire the harm you cause

Question 4

what is ‘knowingly’

Answer 4

to know the consequences of the act and do it anyway, even if you don’t desire that it happens

Question 5

what is ‘recklessly’

Answer 5

conscious disregard of a known risk

***default mental state in MPC jurisdictions if one is not specified

Question 6

what is ‘negligently’

Answer 6

unreasonable failure to consider or heed evidence of a risk

basically - should’ve known it was risky

Question 7

what is strict liability

Answer 7

the one kind of crime where your mens rea literally doesn’t matter

Question 8

what are some good circumstances for strict liability

Answer 8

• regulatory offenses
• offenses were stakes aren’t high and punishments aren’t severe
• offenses derived from common law such that people have notice

Question 9

what are some factors in favor of strict liability?

Answer 9

• big public health/safety concerns
• regulatory offenses
• low penalties
• won’t besmirch
• enforceability
• legislative intent
• common law history

Question 10

When does MPC allow for strict liability

Answer 10

only for violations (small monetary fines). everything else must have mens rea because MPC is all about culpability

Question 11

what if a culpable mental state appears in the statute for one element but not the others?

Answer 11

apply the mental element to all the elements unless a contrary purpose plainly appears

Question 12

what is pure strict liability?

Answer 12

liability without a culpable mental state for ANY element

Question 13

what is impure strict liability?

Answer 13

liability without a culpable mental state for SOME elements (like how Dillard needed to know he had a gun, did not need to know it was loaded)

Question 14

what are the kinds of intoxication

Answer 14

voluntary, involuntary, pathological

Question 15

under the common law, will intoxication get you off?

Answer 15

voluntary - can negate specific intent (purposely or knowingly) but NOT general intent (recklessly or negligently)
- but you have to be BELLIGERENT

involuntary and pathological can negate any mens rea element

Question 16

What is the MPC’s stance on intoxication

Answer 16

intoxication is an affirmative defense - burden of proof shifts to ∆

Question 17

what is mistake of fact

Answer 17

mistake concerning the circumstances as to which a guilty mens rea is required

Ex: carrying a bottle of Claritin but someone put oxy in it without you knowing

you KNOW what the crime is, but you don’t know you are doing it

Question 18

when will mistake of fact work as a defense?

Answer 18

when ∆ can prove that under the facts as ∆ perceived them, ∆ did not have the mens rea required for the crime

subjective test – what did ∆ believe?

if ∆ believed it was a bottle of Claritin, ∆ did not have the mens rea for drug possession

Question 19

what is mistake of law?

Answer 19

when you don’t understand something is illegal

Question 20

when does mistake of law work?

Answer 20

rarely. can work if:

• mistaken as to the crime definition (new crime without precedent, or insufficient notice of it)
• mistaken as to legal circumstances (didn’t know you were an illegal)
• mistaken because public official with rule making authority gave you bad info