Mens Rea Flashcards
Mens Rea
The mental state an actor must have toward each one of the material elements of an offense.
Mens Rea: General Intent
We only care about mindset in relation to the actus reus.
Mens Rea: Specific Intent
We care about mindset in relation to the actus reus + future intent.
Malice
(1) an actual intention to do the particular kind of harm that in fact was done, or (2) recklessness as to whether such harm should occur or not (recklessness).
Intentionally
“Intent” is traditionally defined to include not only results that are the conscious objective of the actor but also those results that the actor knows are practically certain to occur from his conduct, even if he does not want to bring them about. (Purposely and knowingly).
Willful
Committed conduct intentionally and knew it was unlawful.
Attendant Circumstances
Facts that surround a particular event.
MPC: Purposely
Defendant intended the conduct or actions AND intended the result. If there is a required attendant circumstance, D believes it exists or hopes it does.
MPC: Knowingly
D intended the conduct or actions and KNEW (not intended) the result was practically certain to occur.
If there is a required attendant circumstance, D believes it exists.
MPC: Recklessly
The defendant knows that his conduct or actions are creating “a substantial and unjustifiable risk” and the defendant disregards the risk.
The risk must be of such a nature that its disregard represents a “gross deviation” from the standard of care a reasonable person would exercise.
MPC: Negligently
D should have known that his conduct or actions created a “substantial and unjustifiable risk.”
The risk must be of such a nature that its disregard represents a “gross deviation” from the standard of care a reasonable person would exercise.
MPC: Gap Filler
When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto.
MPC: Read Statutes Foward
When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.
Willful Blindness
A doctrine that provides that “knowledge” may be imputed to defendants where they know of a “high probability” of the relevant fact existing.
“Deliberate avoidance” is required to impose liability in some common law jurisdictions.
MPC: Willful Blindness
Knowledge of high probability of the relevant fact is enough for “knowing” unless D held “honest belief” that the fact isn’t true.
