Mens Rea Flashcards
Mens Rea definition
State of mind prosecutor must prove defendant had while committing a crime
What does conviction require?
Criminal act (actus reus) and criminal intent (mens rea)
MPC Culpability
Purposely
Knowingly
Recklessly
Negligently
MPC Purposely
Acting with desire of causing the outcome
MPC Knowingly
Foresees a result as highly likely but doesn’t matter whether it happens or not
MPC Recklessly
Consciously disregards a substantial and unjustifiable risk
MPC Negligently
Should be aware of substantial risk
Conduct is a gross deviation from the standard of care of a reasonable person in D’s situation (objective)
TPC Culpability
Intentionally
Knowingly
Recklessly
Criminal Negligence
Differences between MPC culpability and TPC?
Only in names
Attendant circumstances
Any statutory element not the result or conduct
Strict liability
No mens rea requirement, only actus reus necessary
Defense to strict liability
Did not commit the act
Common law and strict liability
Presumption is not strict liability
Non common law and strict liability
Must be evidence of legislative intent
Expressly state that NO mens rea is required
MPC Offenses
Basically all have a mens rea requirement
Intoxication
Must be extreme - incapable of forming necessary mens rea
Intoxication under common law
Can negate the mens rea for specific intent
Intoxication under MPC
Can be a defense to an element but not if recklessness is an element of the offense
Intoxication under TPC
Not a defense
General intent
Intent to cause the action
Specific intent
Intent to achieve a consequence - cause the harm
Mistake of fact
Honest mistake of fact precludes the existence of the metnal state necessary to commit the crime - can be a good defense - some jurisdictions require mistaken factual belief to be reasonable
Mistake of law
Not a good defense, unless
1. D was officially told that the conduct was not criminal or
2. Where the knowledge of the illegality of an offense is an element of the crime
