Mens Rea Flashcards
What is mens rea?
The actor’s state of mind regarding the social harm of the offense
What are the two types of mens rea?
Broad “culpability” meaning vs. narrow “elemental” meaning
What is the rule from Regina v. Cunningham? (Mens rea)
The term malice in a criminal statute does not mean general wickedness; it means either (1) an actual intention to do the particular kind of harm that was in fact done or (2) reckless disregard of a foreseeable risk that the harm would result.
What are the common law terms for mens rea?
Maliciously, intentionally, willfully
What are the four mens rea terms in the MPC?
Purposely, knowingly, recklessly, negligently
What is common law “malice?”
Intentionally or recklessly causing the social harm of the offense
What is MPC “purposely” defined as?
It is the actor’s conscious object to bring about the harm
What is MPC “knowingly” defined as?
The actor is aware that it is practically certain that his conduct will cause the harm
What is MPC “recklessly” defined as?
The actor consciously disregards a “substantial and unjustifiable risk” that the social harm will result from his conduct. This is a “gross deviation” from the reasonable standard of care
What is MPC “negligently” defined as?
The actor SHOULD be aware of a substantial and unjustifiable risk that will result from his conduct, and his lack of awareness stems from a gross deviation from the reasonable standard of care
What is the rule from People v. Conley? (mens rea)
Criminal intent may be inferred from the circumstances surrounding a crime.
What are the two-prongs of common law “intent?”
(1) The actor desired to cause the social harm (purposely caused it); OR
(2) The actor engaged in conduct with knowledge that the social harm is virtually certain to occur as a result (“known certainties”)
What is transferred intent?
Legal fiction used to attribute criminal liability for harm to an unintended victim, when the actor had an intended victim
What are the 2 exceptions to transferred intent in criminal law?
○ Cannot transfer intent to convict actor of a different crime (with a different social harm) than the one intended to commit
○ Cannot apply doctrine when criminal statute requires that the actor’s criminal intent be direct towards the actual victim (e.g. it is a felony to assault or beat any person, with intent to maim, disfigure, or disable such person)
What is the difference between general and specific intent?
General intent is “culpability,” and only requires the defendant to have intended to engage in the prohibited conduct, not necessarily to have intended to produce a specific result or outcome.
Specific intent is “elemental” and requires the defendant to have a particular state of mind or purpose
What are attendant circumstances?
Facts/conditions that must be present when the actor engages in the prohibited conduct and/or causes the prohibited result of the offense. Some crimes require knowledge of attendant circumstances.
What is willful blindness?
A way to satisfy a requirement that the defendant had knowledge of an attendant circumstance as part of an offense: the actor believes that there is a high probability that the fact (attendant circumstance) exists and takes deliberate action to avoid confirming the fact or purposely fails to investigate to avoid confirmation of the fact
What is the MPC approach to willful blindness?
When knowledge of the existence of a particular fact is an element of the offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist
How do we interpret mens rea in statutory interpretation?
Figuring out the legislative intent is the most important; usually a mens rea term applies to the following actus reus terms, and doesn’t apply to actus reus terms that come before the mens rea term in question
What are strict liability offenses?
Crimes that do not require mens rea for one or more elements of the actus reus. These are very rare
What is the MPC approach to strict liability?
Only allows strict liability for “violations:” these are not criminal offenses, these are civil offenses (cannot be put on probation or put in jail, but can be fined) (ex: traffic tickets)
What kind of crime are most strict liability offenses?
“Public welfare offenses” that are NOT based in the common law
What is the rule from Morissette v. United States? (mens rea)
The fact that a statute does not specify any required mental state does not mean that none exists
What is the rule from Staples v. United States? (mens rea)
Federal criminal statutes are construed to include a mens rea requirement absent clear congressional intent to the contrary
What is the deterrence argument in favor of strict liability offenses?
It is argued that a person will be more careful not to engage in activity if he knows that activity will be punished by strict liability
What is the rule from Garnett v. State? (mens rea)
Courts should not read a mens rea requirement into a statutory rape law unless the legislature clearly intended for one. (Mentally handicapped defendant who had the development of an 11 year old)
Which MPC mens rea terms apply if the MPC statute is silent as to the mens rea element?
The element is established if the actor acts purposely, knowingly, or recklessly with respect to the element (§ 2.02(3))
What is mistake-of-fact?
Mistake-of-fact doctrine may be used to exculpate an actor for the social harm they have caused when they are mistaken about or ignorant of a fact relating to an element of the offense
What is the common law mistake of fact rule?
Both reasonable and unreasonable good faith mistakes of fact negate specific intent (but not general intent or strict liability)
What is the rule from People v. Navarro? (mens rea)
An honest mistake of fact is a defense to a specific intent crime regardless of whether the mistake was unreasonable. (Navarro believed that beams were abandoned and took them)
What is an exception to mistake of fact?
If a defendant thought he was committing a lesser crime, the intent element is still fulfilled and mistake of fact does not apply
What are the four circumstances in which mistake of law can be used?
- When the law has not been published
- When the defendant relied upon a law or statute that was later overturned or deemed unconstitutional
- When the defendant relied upon a judicial decision that was later overruled
- When the defendant relied on an interpretation by an applicable official (high bar, police don’t count)
What was the rule from People v. Marrero (mens rea)?
One who violates a statute may not raise a good faith mistaken belief as to the meaning of the law as a defense.
What was the rule from Cheek v. United States? (mens rea)
Whether a purportedly good-faith misunderstanding of the law will negate the specific intent requirement of willfulness under criminal tax laws is a question of fact for the jury; there is no legal requirement that the belief be objectively reasonable.
What is the general common law mistake-of-law belief?
Ignorance of the law is no excuse
