Mens Rea

Question 1

What is mens rea?

Answer 1

The actor’s state of mind regarding the social harm of the offense

Question 2

What are the two types of mens rea?

Answer 2

Broad “culpability” meaning vs. narrow “elemental” meaning

Question 3

What is the rule from Regina v. Cunningham? (Mens rea)

Answer 3

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.

Question 4

What are the common law terms for mens rea?

Answer 4

Maliciously, intentionally, willfully

Question 5

What are the four mens rea terms in the MPC?

Answer 5

Purposely, knowingly, recklessly, negligently

Question 6

What is common law “malice?”

Answer 6

Intentionally or recklessly causing the social harm of the offense

Question 7

What is MPC “purposely” defined as?

Answer 7

It is the actor’s conscious object to bring about the harm

Question 8

What is MPC “knowingly” defined as?

Answer 8

The actor is aware that it is practically certain that his conduct will cause the harm

Question 9

What is MPC “recklessly” defined as?

Answer 9

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

Question 10

What is MPC “negligently” defined as?

Answer 10

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

Question 11

What is the rule from People v. Conley? (mens rea)

Answer 11

Criminal intent may be inferred from the circumstances surrounding a crime.

Question 12

What are the two-prongs of common law “intent?”

Answer 12

(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”)

Question 13

What is transferred intent?

Answer 13

Legal fiction used to attribute criminal liability for harm to an unintended victim, when the actor had an intended victim

Question 14

What are the 2 exceptions to transferred intent in criminal law?

Answer 14

○ 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)

Question 15

What is the difference between general and specific intent?

Answer 15

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

Question 16

What are attendant circumstances?

Answer 16

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.

Question 17

What is willful blindness?

Answer 17

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

Question 18

What is the MPC approach to willful blindness?

Answer 18

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

Question 19

How do we interpret mens rea in statutory interpretation?

Answer 19

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

Question 20

What are strict liability offenses?

Answer 20

Crimes that do not require mens rea for one or more elements of the actus reus. These are very rare

Question 21

What is the MPC approach to strict liability?

Answer 21

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)

Question 22

What kind of crime are most strict liability offenses?

Answer 22

“Public welfare offenses” that are NOT based in the common law

Question 23

What is the rule from Morissette v. United States? (mens rea)

Answer 23

The fact that a statute does not specify any required mental state does not mean that none exists

Question 24

What is the rule from Staples v. United States? (mens rea)

Answer 24

Federal criminal statutes are construed to include a mens rea requirement absent clear congressional intent to the contrary

Question 25

What is the deterrence argument in favor of strict liability offenses?

Answer 25

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

Question 26

What is the rule from Garnett v. State? (mens rea)

Answer 26

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)

Question 27

Which MPC mens rea terms apply if the MPC statute is silent as to the mens rea element?

Answer 27

The element is established if the actor acts purposely, knowingly, or recklessly with respect to the element (§ 2.02(3))

Question 28

What is mistake-of-fact?

Answer 28

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

Question 29

What is the common law mistake of fact rule?

Answer 29

Both reasonable and unreasonable good faith mistakes of fact negate specific intent (but not general intent or strict liability)

Question 30

What is the rule from People v. Navarro? (mens rea)

Answer 30

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)

Question 31

What is an exception to mistake of fact?

Answer 31

If a defendant thought he was committing a lesser crime, the intent element is still fulfilled and mistake of fact does not apply

Question 32

What are the four circumstances in which mistake of law can be used?

Answer 32

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
4. When the defendant relied on an interpretation by an applicable official (high bar, police don’t count)

Question 33

What was the rule from People v. Marrero (mens rea)?

Answer 33

One who violates a statute may not raise a good faith mistaken belief as to the meaning of the law as a defense.

Question 34

What was the rule from Cheek v. United States? (mens rea)

Answer 34

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.

Question 35

What is the general common law mistake-of-law belief?

Answer 35

Ignorance of the law is no excuse