Mens Rea

Question 1

Mens Rea

Answer 1

The mental state of the crime – the criminal intent (a guilty mind) – as opposed to the action or conduct of the crime (actus reus). An essential component of all criminal offenses (except for strict liability crimes.

Question 2

Mens Rea Terms: Common Law

Answer 2

Maliciously, wilfully, intentionally

Question 3

Mens Rea Terms: MPC

Answer 3

Purposely, knowingly, recklessly, and negligently (these tend to coincide with the degree of crime).

Question 4

(1) Purposely

Answer 4

The actor consciously intends to bring about the death of another (think premeditation, deliberation, planning, etc.)

Question 5

(2) Knowingly

Answer 5

The actor is aware that a certain result is (almost) certain to occur (if I shoot this gun,I know it is likely to kill someone).

Question 6

(3) Recklessly

Answer 6

The actor manifests extreme indifference to human life (driving recklessly through a crowd not caring if someone is hit and killed).

Question 7

(4) Negligently

Answer 7

The actor should be aware of a substantial risk, and their failure to perceive that risk is a gross deviation from the standard of care.

Question 8

Common Law “Intent”

Answer 8

(1) the actor desired to cause the social harm (i.e., purposely, intentionally) or (2) the actor engaged in conduct with the knowledge that such social harm was virtually certain to occur as a result.

Question 9

Specific Intent

Answer 9

Crimes that are knowingly committed to achieve a harmful result (may include first-degree murder, burglary, embezzlement, and forgery). Requires “intent” as mens rea.

Question 10

Special Mental Element

Answer 10

An intention to commit a future act or awareness of attendant circumstance.

Most commonly applied in specific intent offenses.

Question 11

General Intent

Answer 11

The prosecution only need to prove that the social harm was performed with a morally blameworthy state of mind.

Actual intent to perform some act, but without a wish for the consequences that result from that act.

Requires only mens rea related to the social harm of the offense.

Question 12

Transferred Intent

Answer 12

Used to attribute criminal liability for harm to an unintended victim, where the actor had an intended victim. Typically invoked to ensure accountability for wrongdoing and punish according to the wrongdoer’s culpability.

Question 13

Limits to Transferred Intent

Answer 13

Cannot use transferred intent to convict an actor of another crime than the one intended.

Cannot use transferred intent when a specific criminal statute requires that the actor’s intent be directed towards the actual victim

Question 14

Wiflul Blindness

Answer 14

A person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated.

The Supreme Court sees “wilful blindness” as the ‘moral equivalent’ of knowledge as it involves a degree of culpability that is equal to genuine knowledge.

Question 15

Wilful Blindness Requirements

Answer 15

The defendant must subjectively believe there is a high probability that a fact exists; and

The defendant must take deliberate actions to avoid learning of that fact

Question 16

Status Crimes

Answer 16

A type of crime that is not based upon prohibited action or inaction but rests on the fact that the offender has a certain personal condition or is of a specified character.

Question 17

Strict Liability

Answer 17

No mens rea.

When a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.

Question 18

Mistake of Fact

Answer 18

Only available if the mistake is upon REASONABLE grounds.

Any mistaken belief as to fact that tends to negate some element of a crime. Examples include erroneous beliefs about the meaning of some term or about the identity of some person.

General Intent: A mistake of fact can usually operate as a defense so long as it is reasonable.

Specific Intent: With crimes that require specific intent, even an unreasonable mistake of fact might work as a defense.

Question 19

“Moral Wrong” Doctrine

Answer 19

A legal principle where one can make a reasonable mistake regarding an attendant circumstance and yet manifest a bad character or otherwise demonstrate worthiness of punishment.

Question 20

“Legal Wrong” Doctrine

Answer 20

If a defendant’s conduct, based on the facts as he reasonably (but mistakenly) believed them to be, constitutes a crime–albeit a lesser one that the offense for which he has been charged–strict liability applies to the attendant circumstance element about which he was reasonably mistaken, and he may be convicted and punished for the more serious crime.

Question 21

Mistake of Law

Answer 21

A defense that the criminal defendant misunderstood or was ignorant of the law as it existed at the time.

Question 22

When can “Mistake of Law” be used as a defense?

Answer 22

(1) When the law has not been published;

(2) When the defendant relied upon a law or statute that was later overturned or deemed unconstitutional;

(3) When the defendant relied upon a judicial decision that was later overruled; or

(4) When the defendant relied upon an interpretation by an applicable official.

Question 23

Exceptions to Mistake of Law (or Ignorance) Rule

Answer 23

(1) Reliance on own erroneous reading of the law, even if a reasonable person would have similarly misunderstood the law, or entrapment by estoppel (Marrero)

(2) Reliance on erroneous advice provided by a private attorney (Controversial)

(3) Fair notice of the law (Lambert)

(4) Negation of mens rea for a specific intent offense (Cheek)