Mens Rea

Question 1

Mens Rea

Answer 1

mental/internal feature of a crime

Question 2

Purposely (MPC)

Answer 2

Acting with intent

D believes or hopes the result will occur

Question 3

Knowingly (MPC)

Answer 3

D is aware that result is practically certain

Question 4

Recklessly (MPC)

Answer 4

D has a conscious disregard of a substantial and unjustifiable risk

Question 5

Negligently (MPC)

Answer 5

D should be aware of a substantial and unjustifiably risk (reasonable person standard)

Question 6

Intent (common law)

Answer 6

Purpose AND Knowledge

Question 7

General Intent

Answer 7

Only requires proof that D intended to commit the act that causes the harm. (actus reus)

Question 8

Specific Intent

Answer 8

Requires proof that D acted with a special mental element above and beyond the MR required to commit AR.

Question 9

Transferred Intent Doctrine

Answer 9

Liability is attributed to a defendant who, intending to kill or injure one person, accidentally kills or injures another person instead.

Question 10

Willful Blindness in MPC

Answer 10

D has a “high probability” of knowledge.
Ex: Transporting cocaine. Actual knowledge is knowing what’s in the package. Willful Blindness is actively avoiding to learn what’s in the package.

Question 11

Strict Liability

Answer 11

Offense that does not require a culpable mens rea for one or more of its elements.
Ex:
a. Public welfare offenses (ex. listeria outbreak case);
b. Statutory rape; and bigamy

Question 12

Mistake of Fact

Answer 12

sometimes exculpatory (excused) if negates MR

Question 13

Mistake of Fact (MPC)

Answer 13

A defense if the mistake negated the required mens rea of the offense.

Ex. A person is guilty of theft if he takes property of another with purpose to deprive him of it. If D sincerely believes that the property is his, then the mens rea is negated.

Question 14

Mistake of Fact (Common Law) [General Intent]

Answer 14

(Harder for D)

i. D is not guilty if mistake of fact is reasonable and negates culpability (if acted reasonably, then not culpable).
ii. D’s mistake must also be in good faith.

Question 15

Mistake of Fact (Common Law) [Specific Intent]

Answer 15

(Easier for D)

i. D is not guilty if mistake of fact negates specified MR.
ii. D’s mistake must be in good faith. It is irrelevant if it is reasonable.

Question 16

Mistake of Law (MPC)

Answer 16

(rarely exculpatory if negates MR)

a. A defense if the mistake negated the required mens rea of the offense.

Question 17

Mistake of Law (Common Law)

Answer 17

a. Ignorance of the law is no excuse. Rare Exceptions:
i. Reasonable reliance on official statement of law;
ii. When the mistake negates the MR required of for the crime. (almost never an excuse)
i. Statute;
ii. Judicial decisions from jurisdiction’s highest court; or
iii. Official interpretation from public officer in charge of interpretation, administration or enforcement of the law (ex. Ethics Commission opinions).