Mens Rea Flashcards
mens rea
mental state of the crime; most central is intent
Natural and Probable Consequences Doctrine
natural and probable consequences of wrongful acts assumed to be within the scope of purpose
Transferred Intent
A defendant still counts as “purposely or knowingly causing a particular result … if the actual result differs from that designed … only in the respect that a different person or a different property is injured”
Doctrine of Willful Blindness
One with a deliberate antisocial purpose in mind may deliberately shut his eyes to avoid knowing what would otherwise be obvious
new SCOTUS willful blindness
subjectively believed there was a high probability, took affirmative step to avoid learning
mens rea in strict liability crimes?
no mens rea
Public Welfare Offense Criteria
someone standing in a responsible relationship to public, D is least cost avoider, generally not positive aggressions or invasions, no direct injury to person or property- but just a probability of such, accused in a position to prevent with little care, penalties are generally small
Public Welfare Offenses History
arose during industrial revolution when large scale economy changed nature of injury; injury could be impersonal and widely distributed
Willful Blindness MPC
no need for affirmative steps or deliberate avoidance
Purpose (MPC)
conscious object
Knowledge (MPC)
aware that it is practically certain (unless believes the opposite)
Recklessness (MPC)
consciously disregards a substantial and unjustifiable risk
Negligence (MPC mental state)
should be aware of a substantial and unjustifiable risk
MPC mental hierarchy
purpose, knowledge, recklessness, negligence: any higher mental state satisfies a lower mental state
