Mens Rea Flashcards
Mens rea under the MPC
is satisfied if crime is committed 1) purposely, 2) knowingly, or 3) recklessly under circumstances manifesting an extreme indifference to human life
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
conscious awareness that results are practically certain to occur.
“Recklessly” under the MPC
To commit an act recklessly requires a conscious disregard of a substantial and unjustifiable risk to human life.
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
Common Law - 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.
Common Law - General Intent
General intent means the defendant has an awareness of all factors constituting the crime
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)
Under the common law, mens rea is ..
1) the conscious objective to bring about a certain result and 2) knowledge that the result is virtually certain to occur
