Mens Rea

Question 1

Whar are the four mental states?

Answer 1

1. Knowingly
2. Intentionally
3. Purposely
4. Recklessly

Question 2

Knowingly

Answer 2

Defendant knows the nature

AND/OR

the result of his conduct

Question 3

Intentionally

Answer 3

Defendent desires that his acts cause certain consequneces

OR

defendant knows that his acts are substantially certain to produce those consequences

Question 4

Purposely

Answer 4

Conscious objective to engage in such conduct

OR

to cause such a result

Question 5

Recklessly

Answer 5

Conscious disregard of a substantial and unjustifiable risk

*“D knew the risk but didn’t care”

Is distinguished from knowledge because D is aware he is creatign a risk, but does not have substantial certainty that the harm produced by the risk will occur

Question 6

When does criminal negligence occur?

Answer 6

When the defendant’s conduct creates a high degree of risk
of death or serious injury beyond the tort standard of ordinary negligence

Question 7

What is specific intent?

Answer 7

D possess specfic intent if:

• wants,
• hopes, or
• wishes that his conduct will bring about a particular result

“with intent to” – is a specific intent element

Question 8

Specific intent is nullified by:

Answer 8

1. Honest but reasonable mistake of fact; and
2. Voluntary intoxication

Question 9

Specific Intent Crimes:

Answer 9

• Attempt
• Solicitation
• Conspiracy
• Larceny
• Larceny by Trick
• False Pretenses
• Embezzlement
• Forgery
• Burglary
• Assault
• Robbery
• Intent-to-Kill Murder
• Voluntary Manslaughter

Question 10

General intent

Answer 10

Requires the desire

OR

state of mind to do the prohibited act

*generally includes: reckless and criminal negligence state of mind

Question 11

General intent is nullified by:

Answer 11

Honest and reasonable mistake of fact

Question 12

General Intent Crimes

Answer 12

• Battery
• Rape
• Kidnapping
• False Imprisonment
• Involuntary Manslaughter
• Depraved-Heart Murder

Question 13

Way to prove malice:

Answer 13

1. Express malice
2. Implied malice

Question 14

How is express malice established?

Answer 14

RULE: by proving ∆ intended to kill another human being.

Intent to kill is established by proving:

• ∆ acted with purpose to kill
• ∆ acted with knowledge that conduct would cause death
• ∆ acted with intent to inflict grevious bodily harm, without intent to kill

Question 15

How is implied malice established?

Answer 15

RULE: by proving that ∆ caused a death as the result:

• of extreme reckless, OR
• criminally negligent conduct
• that manifested a wanton disregard for value of human life

Question 16

Malicious Crimes

Answer 16

• Arson
• Common Law Murder

Question 17

Strict Liability

Answer 17

• require no mens rea
• Act + result = guilt

Question 18

Strict Liability Crimes

Answer 18

• Regulatory offenses
• Public welfare offenses
• Morality crimes (such as statutory rape or bigamy)
• Selling liquor to minors

Question 19

When does transferred intent occur?

Answer 19

• Where ∆ intends to produce a criminal result against one victim,
• but inadvertently harms another victim,
• the intent to harm the intended victim transfer to the harmed victim