Mens Rea

Question 1

Definition of mens rea

Answer 1

Culpable state of mind

Intention of wrongdoing

Question 2

Mens Rea & Actus Reus are pre-requisites for criminal liability

Answer 2

These are part of the prosecution proving its case - they are not affirmative defenses

Question 3

What does malice mean for mens rea?

Answer 3

Forseeability of harm [can be satisfied by reckless knowing or purposive] (Cunningham Theory)

intent [can be proven via recklessness but still have to prove intent] (Faulkner Theory)

Question 4

What are the two things that help prosecutors prove mens rea?

Answer 4

Presumptions (Mandatory or permissive)

Criminal negligence

Question 5

What is the difference between specific in general intent

Answer 5

Specific intent=intended To do the act and cause the result

General Intent=Intended to do the act

Question 6

What are the four levels of culpability in MPC?

Answer 6

Purposefully knowingly recklessly Negligently

Question 7

What is another word for purposefully?

Answer 7

Intent

Question 8

Describe purposefully as a level of MPC mens rea

Answer 8

For conduct and results: Must be the actors conscious object to perform the act or cause the result
For attendant circumstances: Must be aware the circumstances exist

Question 9

Is the purposefully level of mens rea satisfied if the purpose is conditional?

Answer 9

Yes unless the condition negatives the evil addressed by the statute

Question 10

Describe the knowingly level of mens rea

Answer 10

For conduct: Must be aware the conduct is of the nature
For attendant circumstances:Must be aware of the circumstances exist
For results: Must be practically certain the contact will cause the result (High probability satisfies unless subjective believe otherwise)

Question 11

Describe the recklessly level of mens Rea

Answer 11

Aftermath consciously disregard a substantial and unjustifiable risk
Must involve gross deviation from a reasonable person standard

Question 12

What’s the difference between knowingly and recklessly

Answer 12

A question of degree

Question 13

Describe the negligently level of mens rea

Answer 13

Should be aware of a substantial and unjustifiable risk- failure to perceive the risk should be a gross departure from the reasonable person standard

Question 14

What does the objective standard for negligently mens rea mean?

Answer 14

The person does not subject we have to receive the risk
Deters by encouraging precaution
Punishes incompetence

Question 15

What is the Hazelwood rule for negligence?

Answer 15

The level of risk ignored for negligence should be much greater than the level of risk to sustain a tort (gross departure required)

Question 16

What is the Santillanes rule for negligence?

Answer 16

law should require more than ordinary tort negligence if moral weight attaches to the crime

Question 17

What are the default requirements for culpability?

Answer 17

• if statute is silent recklessness is required
• Is that she mentions a level of culpability that level applies to all elements
• If the statute mentions more than one level of culpability the lowest level of culpability applies to the remaining elements

Question 18

What is a material element of a crime?

Answer 18

Anything that is not statute of limitations, jurisdiction, venue, or anything totally unconnected with mischief addressed by the statue

Question 19

What is the three types of elements of a criminal statute? Plus the fourth bonus type

Answer 19

Conduct (anything in control of the wrongdoer),
result (Signal words like “So as to” Or “causing”),
attendant circumstance (Facts of the world not in the control of the criminal - Only considered at the time of the crime -drunk is an attendant circumstance)
BONUS: Alterior Intent Clause (used to limit the scope of the statute to only certain mindset and are usually set off by themselves)

Question 20

How many material elements must have a men’s right under the MPC?

Answer 20

All of them

Question 21

What are the three rules for willful blindness?

Answer 21

1-Jewel rule (If the defendant made a conscious effort to avoid learning the truth, he is liable regardless of subject of belief)
2- MPC Rule (Liable for willful blindness unless he subjectively believed otherwise)
3-Federal [Hybrid] Rule (If the defendant takes deliberate action to avoid learning the truth of the element and subjectively believes there’s a high probability that the element exists, he’s liable)