Mens Rea

Question 1

Two Ways to Prove Intent

Answer 1

Direct Evidence (oral or written confession)
Indirect/Circumstantial Evidence (DNA)

Question 2

Three points where we inquire about def’s mental functioning
(mens rea)

Answer 2

Time of the Crime
Time of the Trial
Time of Sentencing

Question 3

Two Doctrines used to Infer Intent

Answer 3

Inferring intent from conduct
inferring purpose from knowledge

Question 4

List

List all six Mens Rea form most culpability to least

CLAW

Answer 4

Maliciously, Willful, Intentional, Extreme Recklessness (homicide), Recklessness, Negligence

Question 5

Define

Willful

Mens Rea

Answer 5

Intent [knowingly or purposely]
PLUS:

Bad faith OR
Wrongful Motive OR
Violation of a Known Duty

Question 6

Define

Intentional

Mens Rea

Answer 6

Purposely
(wants, desires, aware/hopes/believes)

OR

Knowingly
(Virtually/practically certain, aware)

Question 7

Define

Knowingly

Mens Rea

Answer 7

Virtually or Practically Certain (Result Crimes)
Awareness (Conduct)
Awareness (Att Cir)

Question 8

Define

Purposely

Mens Rea

Answer 8

Wants/Desires (Result)
Wants/Desires (Conduct)
Aware/Hopes/Believes (Att Cir)

Question 9

Define

Inferring Intent from Conduct

Answer 9

Juries may infer intended natural and probable consequences

Juries may not presume (mandatory inferences) because changes the burden of proof

Question 10

Define

Inferring Purpose from Knowledge

Answer 10

If def knew something was going to happen (knowingly), jury can infer
def wanted it to happen

Question 11

Define

Purpose v. Motive

Answer 11

Purpose = whether one wants to act (result or conduct crime) or whether one is aware/believes/hopes (att cir)
Motive = why someone wants to act

Question 12

Define

Reckless

Mens Rea

Answer 12

Knowingly taking a
Substantial and Unjustified Risk
Gross Deviation from Reasonable Person

Question 13

Define

If the harm caused was high, what is needed to constitute a substantial risk?

Answer 13

A small chance of a low harm

Question 14

Define

Negligence

Mens Rea

Answer 14

Should have been aware of
the Substantial and Unjustified risk
Gross Deviation from a Reasonable Person

Question 15

Define

Maliciously

Mens Rea

Answer 15

Either intentionally [purposeful or knowingly] or recklessly
Homicide: intentionally [puposeful or knowingly] or extreme recklessness

Question 16

Fill in the Blank

Alpha did not file his income tax returns for the past three years. Alpha has been charged with violating a federal statute that criminalized the willful failure to file a tax return. In order to find Alpha liable, the prosecutor must establish that Alpha not only intentionally (knowingly or purposely) failed to pay taxes, but also: ___________________

Mens Rea

Answer 16

Mens Rea = Willful
Intent PLUS:

Bad Faith OR
Wrongful Motive OR
Violation of a Known Duty

Question 17

Async T/F

1. If Alpha is charged with purposefully killing Beta, the prosecutor must show that Alpha knew that Beta would die.

Mens Rea

Answer 17

False: Purposely as to a result crime = wanted
Here, Prosecutor does not need to show knowledge

Question 18

Async T/F

If Alpha is charged with purposefully driving drunk, the prosecutor must show that Alpha wanted to drive drunk.

Mens Rea

Answer 18

True: Purposely as to a conduct crime = wanted

Question 19

Async T/F

3. If Alpha is charged with purposefully committing burglary, in addition to the other elements, the prosecutor must show that Alpha was aware that it was nighttime or that Alpha hoped it was nighttime or that Alpha believed it was nighttime.

Mens Rea

Answer 19

True: Purposely as to an attendant circumstance = wants or hopes or believes

Question 20

Async T/F

If Alpha is charged with knowingly killing Beta, the prosecutor must show that Alpha was aware that it was practically certain that Beta would die.

Mens Rea

Answer 20

True: Knowingly as to a result crime = virtually or practically certain

Question 21

Async T/F

If Alpha is charged with knowingly driving drunk, the prosecutor must show that Alpha was practically certain that he was driving drunk.

Answer 21

True: Knowingly as to a conduct crime = awareness
Wanting demonstrates awareness

Question 22

Async T/F

If Alpha is charged with knowingly committing burglary, in addition to the other elements, the prosecutor must show that Alpha was aware that it was nighttime or that Alpha hoped it was nighttime or that Alpha believed it was nighttime.

Answer 22

False: Knowingly as to an attendant circumstance = awareness ONLY

NOT hoping or believing

Question 23

Async T/F

Indirect evidence (i.e. circumstantial evidence) of mens rea can be obtained by considering the facts and circumstances surrounding the crime, including the defendant’s conduct before, during, or after the time of the crime.

Answer 23

True

Question 24

Async T/F

A jury may infer that the defendant intended the natural and probable consequences of the conduct the defendant engaged in.

Answer 24

True
Inferring Intent from Conduct

Question 25

# Async T/F If the jury finds that the defendant acted knowingly, then the jury must presume that it was the defendant's purpose to do so.

Answer 25

True Inferring Purpose from Knowledge Jury does not have to make this presumption, but it may

Question 26

# Which Mens Rea? The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to the actor, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

Answer 26

Recklessness Circumstances were known to the actor

Question 27

# Which Mens Rea? The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

Answer 27

Negligence Failure of actor to perceive the risk

Question 28

# Which Mens Rea? With respect to a material element of an offense, the defendant should be aware of a substantial and unjustifiable risk that the material element exists or will result from the conduct.

Answer 28

Negligence Should be aware

Question 29

# Which Mens Rea? With respect to a material element of an offense, the defendant consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the conduct.

Answer 29

Recklessness Conscious disregard

Question 30

# Async T/F Transferred intent cannot be used if a higher harm results than what was intended.

Answer 30

True Transferred intent cannot be used to elevate someone's criminality

Question 31

# Async T/F Jurisdictions applying the Common Law often provide that knowledge of an attendant circumstance can be found if the actor: (1) believes that there is a high probability that the attendant circumstance exists; and (2) purposely avoids confirming the existence of the attendant circumstance. | Mens Rea

Answer 31

True Willful Blindness Culpability is elevated past recklessness and negligence

Question 32

# Define Willful Blindness | Mens Rea

Answer 32

Def subjectively believes there is a high probability the attendant circumstance exists AND takes deliberate actions to avoid learning that fact Culpability is elevated past recklessness and negligence

Question 33

# T/F Mens Rea and Actus Reus can occur separately

Answer 33

FALSE! They must occur together (Concurrence of the Elements)