Mens rea

Question 1

Common Law Mens Rea Categories

Answer 1

(1) General Intent
(2) Specific Intent
(3) Strict Liability

Question 2

General Intent

Answer 2

• General desire to do the physical act

knowingly, recklessly, negligently

Question 3

Specific Intent

Answer 3

(1) Proof of an intention by the actor to perform some future act or achieve some further consequence beyond the conduct or result that constitutes the social harm of the offense,
(2) Proof of some special motive for the conduct, or
(3) Provides that the actor must be aware of a statutory attendant circumstance

Question 4

MPC Purposely

Answer 4

A person causes a result purposely is it’s his conscious object to cause that result.

Question 5

MPC Knowingly

Answer 5

A person acts knowingly if he is aware that this result is practically certain to occur.

Question 6

MPC Recklessly

Answer 6

A person acts recklessly if he is consciously aware that he is taking a substantial and unjustifiable risk.

Question 7

Unjustifiable risk

Answer 7

If a reasonable person in that actor's situation would not have taken the risk. 
- gravity of harm, and 
- probability of harm
balanced against 
- why D took risk

Question 8

MPC Negligently

Answer 8

A person acts negligently if he should have been aware of this substantial and unjustifiable risk.

Question 9

(MPC) When statute is silent

Answer 9

Element will be established if person acts purposely, knowingly, or recklessly

Question 10

(MPC) When culpability is only prescribed to one element

Answer 10

Culpability applies to all material elements