Mens Rea

Question 1

specific intent crimes

Answer 1

require proving mens rea twice:

1. in the voluntary act; and
2. in bringing about the specific harm/result

Question 2

which type of crime does the defense prefer & why

Answer 2

specific intent crimes because prosecution has to prove mens rea twice BARD

Question 3

general intent crimes

Answer 3

do not require specific mental state

Question 4

strict liability crime

Answer 4

no mens rea required; prosecution must only prove the act and the harm; punishment is VIOLATION ONLY meaning NO PRISON or PROBATION

Question 5

what are the 3 types of common law culpability crimes

Answer 5

specific intent, general intent, and strict liability

Question 6

which type of culpability crime is highly disfavored but is not considered unconstitutional

Answer 6

strict liability crimes

Question 7

what are the two criticisms to strict liability crimes

Answer 7

1. can’t deter someone from criminal acts that never had mens rea to commit the harm in the first place; and
2. strict liability is unjust because it’s unjust to punish someone w/o a blameworthy mind

Question 8

what is the key theory to SL crimes

Answer 8

moral wrong doctrine

Question 9

what is the moral wrong doctrine

Answer 9

one can still be liable if the act is morally wrong even if one is mistaken in fact or law

Question 10

what does exculpate mean

Answer 10

excuse

Question 11

culpability meaning of mens rea

Answer 11

broad meaning that says one is guilty of an offense if they have an “evil mind”;

no actual proof of harm with a specific mental state needs to be proven

Question 12

elemental meaning of mens rea

Answer 12

narrow meaning that says a particular state of mind must be provided for in the definition of the offense; and

person can possess culpability without elemental mens rea

Question 13

utilitarian view

Answer 13

punishment is justified if it deters others from committing criminal acts

Question 14

retributive view

Answer 14

punishment is justified if it is given to those who culpably commit a crime (punishment matches the crime; eye for an eye)

Question 15

how is motive relevant to specific intent crimes

Answer 15

SI crimes require specific motives to be proven in order to convict someone

Question 16

how is motive relevant to claims of defense

Answer 16

Defendant’s motive can justify his intentional conduct (intentionally kills aggressor to protect his own life)

Question 17

what is transferred intent

Answer 17

liability follows the victim, so a defendant is still liable for any “bad aim” crimes committed (D intends to harm/kill one person, but misses and accidentally harms/kills another)

Question 18

why are we cautious about transferred intent?

Answer 18

if applied carelessly, it imposes disproportionate punishment, which would violate Due Process Clause of 14th Amendment

Question 19

under the MPC, what are the 4 states of mind

Answer 19

knowingly, recklessly, purposely, and negligently

Question 20

knowingly

Answer 20

aware that:
1. conduct is of a particular nature;
2. certain circumstances exist; or
conduct practically certain to cause particular result

Question 21

purposely

Answer 21

1. conscious desire to engage in that conduct;
2. conscious desire to cause that result;
3. aware that certain circumstances exist; or
4. belief or hope that certain circumstances exist

Question 22

recklessly

Answer 22

conscious disregard:
1. of risk that is both substantial and justifiable; and
2. grossly deviates from standards of law abiding citizens in D’s situation

Question 23

negligently

Answer 23

1. should be aware of risk that is both substantial and justifiable; and
2. failure to perceive risk grossly deviates from standards observed by reasonable person in D’s situation

Question 24

what is the hierarchy of culpability

Answer 24

P
K
R
N