Mens Rea Flashcards
Mens rea refers to the ___ of ___ that, together with its accompanying ____, the criminal law defines as a defense.
State of Mind; accompanying conduct.
MPC 2.02: 4 culpable mental states
1) Intentionally [purposefully]
2) Knowingly
3) Recklessly
4) Negligently
What is the definition of Intentionally from the common law?
A person with intent to cause the prohibited harm if:
1) it is his or her desire to cause the harm (the conscious object)
2) He or she acts with the knowledge that the harm is virtually certain to occur as a result of his or her conduct.
What is the definition of intentionally [purposefully] from the Model Penal Code?
A person acts purposely when:
1) It is his conscious object to engage in conduct of the prohibited nature or cause such a result.
2) If the element involved the attendant circumstances, he is aware of the existence of the circumstances or believes or hopes they exist.
What is the definition of Intentionally under Illinois statutory law?
A person acts intentionally to accomplish a prohibited result or engage in prohibited conduct when his conscious objective or purpose is to accomplish that result or engage in that conduct.
What is the MPC definition of Knowingly?
A person acts with knowledge when:
1) He is aware that his conduct is of the prohibited nature or that those circumstances exist. Remember awareness of circumstances!
2) He is aware that the prohibited result is practically certain to be caused by his conduct.
What is the Illinois Statutory definition of knowledge?
A person acts with knowledge when:
1) he is aware that his conduct is of the prohibited nature or that those circumstances exist.
2) He is aware that the prohibited result is practically certain to be caused by his conduct.
What is the definition of Recklessness under Illinois Statutory Law?
A person is reckless or acts recklessly when that person !consciously disregards a substantial and unjustifiable risk! that circumstances exist or that a result will follow, described by the statute defining the offense, and that disregard constitutes a !gross deviation from the standard of care! that a reasonable person would exercise.
What is the definition of Negligence under Illinois Statutory Law?
Part 1: A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow,
Part 2: described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.
Hypo 3.1: Tire Blow Out Amanda was driving on a city street when her left front tire of her car blew out. Despite her best efforts, the car swerved off the road and killed a pedestrian If she is charged with a homicide offense which uses a MPC mens rea would she be found guilty in any of the following circumstances? 1) 35 MPH and new tires? 2) 35 and worn tires? 3) 65 MPH in residential community?
1) Likely not. She had no intent or knowledge. She also was not reckless nor negligent.
2) Possible under negligence. She knew her tires were worn down and continued to drive anyways. She failed to be aware and committed a substantial deviation from the standard of care.
3) yes, under recklessly. She consciously disregarded the standard of care and grossly deviated from the care that a reasonable person would have exercised.
