Mens Rea Flashcards
Mens Rea
Mental State needed to obtain a conviction for a crime
Mens Rea under Common Law
Divided into two categories: Specific and general. Specific is the higher, requiring an intent to bring a bout a specific result. Language of statute will tell
MPC Mental States
Purposeful
Knowingly
Recklessly
Negligently
With the desire to bring about a specific result. Hope or knowledge that attendant circumstances exist
Purposeful
Aware of the conduct and its prohibited nature. Substantially certainty that prohibited result will occur and awareness of the existence of attendant circumstances
Knowingly
Conscious disregard of substantial and unjustifiable risk. Such disregard is a gross deviation from the standard of care observed by a law abiding citizen
Recklessly
Failure to perceive a substantial and unjustifiable risk. Such failure represented a deviation from the standard of conduct of a reasonable law abiding citizen
Negligently
Each element of an offense has a corresponding . . .
Mental state
Willfully Blindness
Doctrine that allows proof of knowledge when necessary for conviction and it can be shown defendant purposely avoided learning in an attempt to avoid culpability
Transferred Intent
Offense differs only in person affected or degree of harm. Mistaken identity is its own thing. Think bad aim for transferred intent
Strict Liability
No mental state: the mere occurrence is enough for a conviction
How to identify strict liability
Low sentence, no stigma, not descended from common law
Mistake of Fact
Negates culpable mental state. Under common law, only applies to specific intent. Mistake must have been reasonable
Mistake of Law
Negates Mens Rea if found. Under MPC, only available if statement from authority or law unavailable. Fro common law, must be good faith, but does not have to be reasonable for specific. Must be both for general.
Intoxication: Common Law
Voluntary intox can negate specific, but not general, intent.
Involuntary intoxication can negate both.
