Mens Rea

Question 1

Mens Rea Definition

Question 2

Mens Rea: Culpability Meaning

Answer 2

Broadly speaking, mens rea is defined as an evil-meaning mind.
• Specific mental state doesn’t matter; sufficient that the D committed the proscribed acts in a manner that demonstrated his bad character, malevolence, or immorality.

Question 3

Mens Rea: Elemental Meaning

Answer 3

The particular mental state provided for in the definition of an offense.

• A person may possess the mens rea in the culpability sense of the term, and yet lack the requisite elemental mens rea.

Question 4

Common Law

Identification of Mens Rea

Answer 4

Use words like “corruptly, intentionally, knowingly, recklessly, and negligently” to describe a person’s mental state

• Terms are not precisely defined and have no relationship to one another
• Distinguishes between specific intent and general intent crimes

Question 5

MPC:

Identifying Mens Rea

Answer 5

MPC: recognizes only four mental states:

• 1. Purposely
• 2. Knowingly
• 3. Recklessly
• 4. Negligently
• All four terms are precisely defined and have a logical relationship
• If no mental state is expressed in the statute, the mental state is reckless

Question 6

Mens Rea: Problems with Statutory Interpretation

Answer 6

Some statutes expressly include a mental state, but are not clear which element or elements that mental state modifies.

Courts must use canons of statutory construction to figure out the legislature’s intent

Question 7

Mens Rea:

Intent under Common Law

Answer 7

Conscious Object: One acts with the requisite intent if it is his conscious object or purpose to cause a certain result or to engage in certain prohibited conduct

Knowledge to a Virtual Certainty: that one’s actions will cause that social harm

“Intent” under CL also encompasses what MPC calls “knowledge”

CL distinguishes between Specific Intent and General Intent crimes

Question 8

Mens Rea: Intent under MPC

Answer 8

Purposefully: used to reflect a mental state akin to “conscious object”
• (the first common law definition of intent)

• The word “intent” does not appear anywhere in the MPC
• Intent is basically “purposefully and knowingly” in MPC

Question 9

Mens Rea:

Knowledge & Willfull Blindness

Answer 9

• Used by both Common Law and MPC
• Common Law: a person knows of a fact if he either is aware of the fact or correctly believes the fact exists
• Willful Blindness: Many jurisdictions recognize another way of proving knowledge, equating positive or actual knowledge with willful blindness or deliberate ignorance

If the defendant is aware of a high probability of the existence of the fact in question, and he deliberately fails to investigate in order to avoid confirmation of the fact

Question 10

• Special Problems With Intent
1. Transferred Intent

Answer 10

RULE: Intent (mens rea) transfers when D intends to injure one person but actually injures another in the same manner. Mens rea to the intended victim transfers to an unintended one.
• Only mens rea transfers, not the social harm.

Cannot use when…

• 1. Intent transfers from one type of crime to another
- An intent to do one thing cannot be used as a substitute for an intent to do another thing

• 2. When intended harm occurs and additional harm also occurs

• Reckless for second harm
• Courts split on this

Question 11

Special Problems with Intent:

2. The Specific Intent/General Intent Distinction

Answer 11

• Because different rules apply, the first question is whether the offense is a specific intent or general intent crime

If mens rea only relates to the act of the crime, its general intent crime.

If mens rea relates to achieving a certain result, it is a specific intent (achieving a specific result)

Question 12

CL v. MPC:

Intent/Purposefully

(Subjective)

Answer 12

CL: Conscious object or desire to engage in prohibited conduct or cause the prohibited result

Practically certain prohibited result will occur and attendant circumstances exist (even if you believe it won’t happen)

MPC: Conscious object or desire to engage in the prohibited conduct or cause the prohibited result

Aware of attendant circumstances or believes/hopes they exist

Question 13

CL v. MPC:

Knowledge

(subjective)

Answer 13

CL: D is: (1) aware of the fact, (2) correctly believes the fact exists; or (3) has knowledge or belief ass to the attendant circumstances.

Inc. willful blindness

1. Awareness of a high probability
2. Deliberate avoidance of the truth/confirmation

MPC: D is aware: (1) that his conduct is practically certain to cause the prohibited result or (2) of the nature of the act or omission or the result that follows or the attendant circumstances

Inc. willful blindness

1. Awareness of a high probability
2. UNLESS you actually believe its not true

Question 14

CL v. MPC:

Recklessness

(subjective and objective)

Answer 14

CL: Awareness of a substantial (subjective) and unjustifiable (objective) risk and acting anyways (such that the conduct constitutes a gross deviation from the standard of care of a law abiding person)

Most states have adopted the MPC version

MPC: Consciously disregard of a substantial and unjustifiable risk
(such that the conduct constitutes a gross deviation from the standard of care of a reasonable person)

Not really a difference from CL with application, just minor word differences

Question 15

CL v. MPC:

Negligence

(Objective, No Conscious Disregard)

Answer 15

CL: Failure to be aware of a substantial and unjustifiable risk that a reasonable person would be aware of, such that the failure constitutes a gross deviation from the reasonable standard of conduct

D should have known

MPC: Failure to be aware of a substantial and unjustifiable risk, such that the failure constitutes a GROSS deviation from the reasonable standard of conduct.