MENS REA Flashcards
What does WILLFULLY mean?
- Highest Mens Rea o INTENTIONALLY (KNOWINGLY OR PURPOSELY) but also in bad faith, wrongful motive, violation of a known legal duty
INTENTIONALLY under COMMON LAW
A person acts intentionally when they act purposely or when they act knowingly. That is, intentionally = P or K.
INTENTIONALLY under MPC
Intent JUST MEANS PURPOSELY.
Is PURPOSELY under RESULT CRIMES - wanted?
Yes - she WANTED to kill
Is PURPOSELY under CONDUCT CRIMES - wanted?
Yes - she WANTED to drive drunk.
Is PURPOSELY under ATTENDANT CIRCUMSTANCES - aware, hope and believe?
Yes - aware, hope + believe
Is KNOWINGLY under RESULT CRIMES - Practically certain?
Yes - PRACTICALLY CERTAIN of result, as sure of it as you can get that result will happen, ex. That person will die - MURDER
IS KNOWINGLY under CONDUCT CRIMES - aware?
Yes - aware of conduct of that nature
Is KNOWINGLY for AC- HAS to be aware, Is aware, actually knows?
YES. HAS to be aware, IS aware of those circumstances, actually knows
Indirect (Circumstantial) Evidence - 2 TYPES
- Inferring Intent from Conduct
- Inferring Purpose from Knowledge
TRANSFERRING INTENT
- SHOULD BE THOUGHT OF AS SWITCHED INTENT
- Intent transferred DOWN NOT UP.
Can’t use Transferred Intent When:
- CAN’T USE when the harm caused is GREATER than what is intended AND
- CAN’T USE if a different harm is created (specific intent crime), for ex. assaulting a police officer
WILFUL BLINDNESS - COMMON LAW
IF – high probability the attendant circumstances exist AND purposely avoids confirming attendant circumstances.
WILFUL BLINDNESS - MPC
- High probability – aware
- UNLESS – you actually believe it doesn’t exist – you can show this
GENERAL INTENT
Purposely or Knowing crimes, any crime – intentional or below, for the most intentional. o Crimes Against Persons ♣ Rape ♣ Murder ♣ Kidnapping ♣ Battery o Property Crimes ♣ JUST arson.
SPECIFIC INTENT
GI PLUS a motive for committing offense AND awareness of attendant circumstances
DEFAULT WHEN SILENCE OF MENS REA IN STATUTE?
Our default is you need at LEAST RECKLESSNESS.
RECKLESSLY UNDER MPC
[1] consciously disregards a
[2] substantial [risk] and
[3] unjustifiable risk
[4] that the material element exists or will result from his conduct.
- The risk must be of such a nature and degree that,
- considering the nature and purpose of the actor’s conduct and the circumstances known to him,
- its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.
NEGLIGENTLY UNDER MPC
A person acts negligently with respect to a material element of an offense when he
- [1] should be aware of a
- [2] substantial [risk] and
- [3] unjustifiable risk
- [4] that the material element exists or will result from his conduct.
- The risk must be of such a nature and degree that the actor’s failure to perceive it,
- considering the nature and purpose of his conduct and the circumstances known to him,
- involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.
Substantial risk
Low potential harm, high probability of causing harm OR high potential harm, low probability of causing harm.
Homicide - What kind of Malice?
Intentionally or Extremely Reckless
Non-Homicide - What kind of Malice?
Intentional or Reckless
