Mens Rea

Question 1

What are the four Common Law criminal mental states?

Answer 1

1. Specific Intent
2. Malice
3. General Intent
4. (Strict Liability)

Question 2

What are the requirements for Specific Intent?

Answer 2

1. Desire to do the act AND
2. Desire to achieve a specific result

Question 3

What are the crimes against persons that require specific intent?

Answer 3

1. Assault
2. First-degree premeditated murder (statutory)

Question 4

What are the crimes against property that require specific intent?

Answer 4

1. Larceny
2. Embezzlement
3. False pretenses
4. Robbery
5. Forgery
6. Burglary

Question 5

What are the inchoate crimes that require specific intent?

Answer 5

1. Solicitation
2. Conspiracy
3. Attempt

Question 6

What defenses are available only for specific intent?

Answer 6

1. Voluntary intoxication
2. Unreasonable mistake of fact

Question 7

What constitutes Malice at Common Law? (2)

Answer 7

Intentional or reckless disregard of obvious or known risk

Question 8

What are the crimes that require Malice?

Answer 8

Murder

Arson

Question 9

What constitutes general intent at common law?

Answer 9

Generally aware of the factors that constitute the crime

Question 10

What are the crimes that require General Intent?

Answer 10

1. Battery
2. Forcible Rape
3. False Imprisonment
4. Kidnapping

Question 11

What are the crimes that are subject to Strict Liability at Common Law?

Answer 11

1. Public Welfare offenses
2. Statutory Rape

Question 12

NY QUESTION

What are the criminal mental states in NY/MPC? (5)

Answer 12

1. “Intent” (NYPL) / “Purpose” (MPC)
2. Knowledge
3. Recklessness
4. Negligence
5. Strict Liability

Question 13

NY QUESTION What constitutes intent/purpose (NY)/(MPC)?

Answer 13

Conscious desire to achieve a particular result

Question 14

NY QUESTION What constitutes knowledge under the NYPL/MPC?

Answer 14

As to conduct: Awareness of what he’s doing

As to result: Practically certain that conduct will cause that result

Question 15

NY QUESTION

What constitutes Recklessness under the MPC/NYPL?

Answer 15

1. Awareness of substantial and unjustifiable risk, AND
2. Conscious disregard for that risk

Question 16

NY QUESTION

What constitutes Negligence under MPC/NYPL?

Answer 16

Actor should have been aware of a substantial and unjustifiable risk

Question 17

What are the causation rules in criminal law?

Answer 17

Must satisfy:

1. Actual cause (but-for) AND
2. Proximate cause

Question 18

What is the primary wrinkle to actual cause?

Answer 18

Accelerating cause:

An actual cause that accelerates an outcome (shoot somebody who’s going to die anyway) (Still an actual cause)

Question 19

What is the test for proximate cause in criminal law?

Answer 19

Bad result is a natural and probable consequence of D’s conduct

Question 20

What are the two wrinkles to proximate cause?

Answer 20

1. Unforeseeable intervening event: D not liable
2. Eggshell victims: D liable

Question 21

What is the concurrence principle?

Answer 21

Actor must have the required mental state AT THE SAME TIME he engages in culpable act

(BUT see larceny and burglary)