Mens Rea Flashcards
Mental States of Culpability
MPC Stages of Culpability
(1) Purposefully [TN = Intentionally]
(2) Knowingly
(3) Recklessly
(4) Negligently
Purposefully/Intentionally [MPC]
D’s goal is to engage in particular conduct to achieve certain results
Knowingly [MPC]
Virtually certain that conduct will lead to a particular result
Recklessly [MPC]
(1) A substantial and unjustifiable risk that conduct will cause harm
(2) D is aware and ignores that risk
Negligently [MPC]
(1) D should have been aware of a substantial and unjustifiable risk
(2) An RPP would have been aware
(3) Types: (1) gross; (2) plain; (3) per se
Elements of Culpability
(1) Conduct
Nature of the act is prohibited
(2) Attendant Circumstances
One or more elements that define, qualify or explain the offense
Aggravate the original crime into something more
(3) Result of Conduct
Usually restricted to homicide and personal injury crimes [cause of harm]
Culpability at Common Law
(1) Where D purposefully caused, or it was his conscious objective to cause, harm; or
(2) Where D acts with the knowledge that social harm is virtually certain to occur as a result of his act
Types of Common Law Culpability
(1) General Intent
(2) Specific Intent
General Intent
(1) Any offense where the only mens rea required was a blameworthy state of mind
(2) Required for all crimes
(3) Can be inferred by the fact-finder by the act alone
(4) Not expressly stated
Specific Intent
(1) An additional intent that requires a specific state of mind beyond general culpability
(2) Can be negated by
(a) voluntary intoxication; and
(b) mistake of fact
(3) Objective RPP standard
Strict Liability Crimes
(1) Does away with mens rea requirement
(2) Usually welfare or regulatory crimes
(3) Cannot raise the mistake of law or mistake of fact as a defense
Exception to Criminal Statutes that Lack a Mens Rea
A criminal statute that lacks a guilty knowledge requirement violates the defendant’s due process rights unless…
(1) the punishment is relatively small; and
(2) a conviction would not seriously damage the defendant’s reputation
Actual Knowledge Requirement
D may not be convicted of a criminal offense requiring a duty to register as a convicted person unless it is shown that the individual…
(1) had actual knowledge of the duty; or
(2) should have known, as well as the consequences for failing to comply
Reckless Default Rule [State]
When mens rea is not included in a criminal statute, the mens rea requirement can be satisfied by proving that D acted purposefully, knowingly, or recklessly
Reckless Default Rule [Federal]
(1) When a federal law is silent on the required mens rea courts read onto the statue only that which is necessary to separate wrongful conduct from otherwise innocent conduct
(2) Can use any four stages of culpability
Positive Knowledge
“Knowingly” includes positive knowledge as well as a defendant’s awareness of the high probability of an illegal act but purposely fails to investigate the presence of the illegal act in order to remain ignorant
Basic Principal of Culpability
A defendant who is in the process of committing a felony cannot be convicted for an accidental act collateral to the felony that would have been a crime if done intentionally
Mistake of Fact
(1) Can be a defense b/c it negates the necessary state of mind
(2) Requires a good faith belief
(3) Not a defense in strict liability crimes
Mistake of Law
Generally not a defense unless…
(1) the criminal statute not generally known,
(2) reasonable reliance on a judicial decision,
(3) misunderstanding of another statute, or
(4) reliance on an official interpretation
Mistake of Law or Fact: MPC § 2.04
Mistake as to law or fact is a defense if the mistake negates the purpose, knowledge, belief, recklessness, or negligence required to establish a material element of the offense
Types of Mistake of Law
(1) D lacks the mental state required
Valid defense
(2) D had whatever mental state required and only claim that he was unaware such conduct was a crime
Invalid defense
Voluntary Intoxication as a Defense
Although voluntary intoxication is a valid defense to crimes requiring a knowing or purposeful mental state, the defense can only be invoked when the intoxication is so great that the required mental state was totally lacking
