Mens Rea

Question 1

Mens Rea Defintion

Answer 1

the mental state provided for in the definition of the offense or crime

“a blameworthy or culpable mental state”

Question 2

Four Mens Rea Categories

Answer 2

1. Intentionally / Purposefully
2. Knowingly
3. Recklessly
4. Negligently

Question 3

Intentionally

Answer 3

It is the defendants desire to cause harm, or the defendant acts with knowledge that social harm is virtually certain to occur as a result of his conduct

Question 4

Knowingly

Answer 4

Rule: Act with awareness that the harmful result is practically certain to occur

NOTE:
Under MPC: Willful Blindness: a person is aware of the high probability of the existence of the fact in question and takes deliberate action to avoid confirming the fact or purposely fails to investigate to avoid confirmation

Question 5

Recklessly

Answer 5

Defendant disregarded a substantial and unjustifiable risk of which he was aware of

Question 6

Negligently

Answer 6

Defendant deviated from the standard of care that a reasonable person would have had in this situation. He was not aware of the risk but he SHOULD have been aware of the risk.

Question 7

Recklessly vs. Maliciously

Answer 7

Maliciously is the intent to create the harm or have reckless disregard of its likelihood

Recklessly is where the defendant does not necessarily intend to create the risky situation but intends to commit an act that is foreseeable to cause a risky situation

Question 8

Intentionally vs. Knowingly

Answer 8

Intentionally: when his conscious objective or purpose is to accomplish that result or engage in that conduct

Knowingly: when he is consciously aware that such a result is practically certain to be caused by his conduct