Mens Rea

Question 1

What is the broad meaning of mens rea and why did it shift to a narrow meaning?

Answer 1

“Wicked mind”. Moved to an elemental definition because determinate punishment (everyone receives a fixed punishment) led to jury nullification (finding defendants not guilty to avoid punishment). Modern mens rea allows adjustment of punishment.

Question 2

Define willfully

Answer 2

Defendant acts intentionally (knowingly or purposely) and performs the act either (1) in bad faith, (2) with a wrongful motive, or (3) in violation of a known legal duty

Question 3

What are the two ways to prove intent, and how can it be inferred

Answer 3

Direct evidence (e.g., written/oral confession)
Indirect (circumstantial) evidence.
- Infer intent from conduct - Defendant intends the natural and probable consequences of their conduct
- Infer purpose from knowledge - Defendant intends purpose if they acted knowingly

Question 4

Define purposely

Answer 4

Defendant wants/desires an outcome
- Result crimes = Person wants to cause the result
- Conduct crimes = Person wants to commit that conduct
- Attendant circumstances = Person is aware of them, believes they exist, or hopes they exist

Question 5

Define knowingly

Answer 5

Defendant is practically certain of an outcome
- Result crimes = Practically certain that the result will happen
- Conduct crimes = Aware they are performing the conduct
- Attendant circumstances = Aware that the circumstances exist

Question 6

Describe how motive relates to intent

Question 7

Define recklessly

Answer 7

Defendant consciously disregards a substantial and unjustifiable risk, and the risk involves a gross deviation from the conduct of a law-abiding person

Question 8

Definite negligently (criminal negligence)

Answer 8

Defendant does not know (but should know) of a substantial and unjustifiable risk, and the risk involves a gross deviation from the conduct of a law-abiding person

Question 9

What are the factors to assess risk and what is their relationship to one another

Answer 9

1. Amount of potential harm that may be caused
2. Likelihood that potential harm will result
   - Society tolerates an inverse relationship between the two
   - Low/low = No substantial risk, and no criminal punishment
   - Low/high or High/low = Substantial risk, and need to evaluate deviation
   - High/high = Extreme risk, and punishment as if purposely

Question 10

When might an actor be liable under transferred intent

Answer 10

The actor may still be liable if the actual result differs from the contemplated result (different person or property) and the injury or harm caused is less than what was contemplated

Question 11

List the requirements for willful blindness

Answer 11

Willful blindness can raise liability to knowingly
1. The defendant subjectively believes there is a high probability that a fact exists
2. The defendant takes deliberate actions to avoid learning of that fact