Mens Rea

Question 1

Mens Rea

Mens Rea: Specific intent

Answer 1

D must have a specific intent or objective to commit the given crime

• Specific intent must always be proven; it is never inferred
• Mistake of fact and voluntary intoxication are defenses

Question 2

Mens Rea

Mens Rea: Specific intent crimes

Answer 2

• Assault
• Larceny, robbery, and burglary
• False pretenses, forgery, first-degree murder
• Embezzlement
• All inchoate crimes (solicitation, conspiracy, attempt)

Question 3

Mens Rea

Mens Rea: General intent

Answer 3

D must be aware of his actions and any attendant circumstances

• May be inferred from the act itself
• Most crimes are general intent crimes

Question 4

Mens Rea

Mens Rea: General intent crimes

Answer 4

• Battery
• False imprisonment
• Kidnapping
• Rape
• Ba-Fa-Ki-Ra

Question 5

Mens Rea

Mens Rea: Malice

Answer 5

D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected

• Applies to arson and common law murder

Question 6

Mens Rea

Mens Rea: Model Penal Code Standards

Answer 6

Purposely
Knowingly
Recklessly
Negligently

Question 7

Mens Rea: “Purposely”

Answer 7

Conscious objective is to engage in certain conduct or cause a certain result

• subjective

Question 8

Mens Rea: “Knowingly”

Answer 8

Aware that conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result

• subjective

Question 9

Mens Rea: “Recklessly”

Answer 9

Know of a substantial and unjustifiable risk and consciously disregard it

• subjective

Question 10

Mens Rea: “Negligence”

Answer 10

Failure to become aware of a substantial and unjustifiable risk

• objective