MENS REA

Question 1

What does WILLFULLY mean?

Answer 1

-	Highest Mens Rea 
o	INTENTIONALLY (KNOWINGLY OR PURPOSELY) but also in bad faith, wrongful motive, violation of a known legal duty

Question 2

INTENTIONALLY under COMMON LAW

Answer 2

A person acts intentionally when they act purposely or when they act knowingly. That is, intentionally = P or K.

Question 3

INTENTIONALLY under MPC

Answer 3

Intent JUST MEANS PURPOSELY.

Question 4

Is PURPOSELY under RESULT CRIMES - wanted?

Answer 4

Yes - she WANTED to kill

Question 5

Is PURPOSELY under CONDUCT CRIMES - wanted?

Answer 5

Yes - she WANTED to drive drunk.

Question 6

Is PURPOSELY under ATTENDANT CIRCUMSTANCES - aware, hope and believe?

Answer 6

Yes - aware, hope + believe

Question 7

Is KNOWINGLY under RESULT CRIMES - Practically certain?

Answer 7

Yes - PRACTICALLY CERTAIN of result, as sure of it as you can get that result will happen, ex. That person will die - MURDER

Question 8

IS KNOWINGLY under CONDUCT CRIMES - aware?

Answer 8

Yes - aware of conduct of that nature

Question 9

Is KNOWINGLY for AC- HAS to be aware, Is aware, actually knows?

Answer 9

YES. HAS to be aware, IS aware of those circumstances, actually knows

Question 10

Indirect (Circumstantial) Evidence - 2 TYPES

Answer 10

• Inferring Intent from Conduct

- Inferring Purpose from Knowledge

Question 11

TRANSFERRING INTENT

Answer 11

• SHOULD BE THOUGHT OF AS SWITCHED INTENT

- Intent transferred DOWN NOT UP.

Question 12

Can’t use Transferred Intent When:

Answer 12

• 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

Question 13

WILFUL BLINDNESS - COMMON LAW

Answer 13

IF – high probability the attendant circumstances exist AND purposely avoids confirming attendant circumstances.

Question 14

WILFUL BLINDNESS - MPC

Answer 14

• High probability – aware

- UNLESS – you actually believe it doesn’t exist – you can show this

Question 15

GENERAL INTENT

Answer 15

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.

Question 16

SPECIFIC INTENT

Answer 16

GI PLUS a motive for committing offense AND awareness of attendant circumstances

Question 17

DEFAULT WHEN SILENCE OF MENS REA IN STATUTE?

Answer 17

Our default is you need at LEAST RECKLESSNESS.

Question 18

RECKLESSLY UNDER MPC

Answer 18

[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.

Question 19

NEGLIGENTLY UNDER MPC

Answer 19

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.

Question 20

Substantial risk

Answer 20

Low potential harm, high probability of causing harm OR high potential harm, low probability of causing harm.

Question 21

Homicide - What kind of Malice?

Answer 21

Intentionally or Extremely Reckless

Question 22

Non-Homicide - What kind of Malice?

Answer 22

Intentional or Reckless