Mens Rea Flashcards
CL Intent Requirements
- Conscious object: Conscious objective to bring about a result
- Knowledge to a virtual certainty: Knowledge that result is virtually certain to occur
- Mental State Descriptors: Corruptly, Willfully, Maliciously, Intentionally, Knowingly, Recklessly, Negligently
Malice - CL Definition
- Reckless disregard of an obvious or high risk that a harmful result will happen
Natural and Probable Consequences Doctrine
legal shortcuts that let the fact finders infer intent when there’s no absolute proof of intent to kill
Standard of Proof for “Purposeful” under the MPC
beyond a reasonable doubt
Deadly Weapons Doctrine
Shortcut to Mens Rea. Animate or inanimate substance that, as used as intended, is capable of causing death or serious bodily injury. More on the prosecutor to define it.
“Purposeful” under the MPC
- consciously intends to bring about a result
“Knowingly” under the MPC
Aware of the nature of the conduct and aware that certain circumstances exist
(also, the person is deemed to be aware of these circumstances when they are aware of a high probability that they exist and deliberately avoid learning the truth)
“Recklessly” under the MPC
Conscious disregard of a substantial and justifiable risk
Doctrine of Transferred Intent
Under both the common law and the MPC, a shooter can be held criminally liable for intentionally killing the other person even if that other person was in fact an unintended victim
“Negligently” under the MPC
Failure to be aware of a substantial and unjustifiable risk that circumstances exist
MPC Silent Mens Rea
if mens rea not listed in the statute, then it’s established if the person acted purposely, knowingly, or recklessly
Specific Intent
A crime may require not only the doing of an act, but also the doing of it with a specific intent or objective. The existence of a specific intent cannot be conclusively imputed from the mere doing of the act, but the manner in which the crime was committed may provide circumstantial evidence of intent. The importance of specific intent crimes is that they will qualify for additional defenses not available for other types of crimes.
Examples of Specific Intent Crimes
solicitation, attempt, conspiracy, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement, and first-degree premeditated murder
General Intent
General intent means the defendant has an awareness of all factors constituting the crime; in other words, the defendant must be aware that they are acting in the proscribed way and that any required attendant circumstances exist. The defendant does not have to be certain that all the circumstances exist; it is sufficient that they are aware of a high likelihood that they will occur.
- A jury may infer the required general intent merely from the doing of the act
Strict Liability Analysis
(5 Steps)
1. Minimum Requirement of Culpability (has to be purposely, knowingly, recklessly, or negligently) attached to each material element
2. Exceptions: Not applied to minor violations like fines/forfeiture
3. States will sometimes adopt the MPC
4. Strict Liability offenses must be violations (fines)
5. Courts can make the strict liability statute a negligence statute (for severe penalties)
