Mens Rea (Difference between CL and MPC) Flashcards
Mens Rea
the state of mind the prosecution must prove the defendant had, when doing the wrongful deed, in order to secure conviction
elemental: the particular evil state of mind required by the definition of the offense
Broad: guilty mind or morally culpable state of mind
Proving Culpability
state must prove only what mens rea is in the statute
a. inference
b. permissive inference
c. presumption
d. circumstantial evidence
Common Law Mens Rea
divided by Specific and General Intent
Specific Intent
Intentionally and knowingly
CL Intentionally
actor has intent to accomplish precise criminal act which one is charged with; acting with CONCIOUS OBJ. or purpose of accomplishing a result
- most serious
CL Knowingly
actor has conscious awareness a given result is practically certain to be cause by one’s conduct
- 2nd most serious
General Intent
morally blameworthy state of mind
(mental state is not specifically expressed; social harm of offense was performed with morally blameworthy state of mind)
CL Recklessly
Actor is consciously aware of the unjustifiable risk
CL Negligently
Blameworthy inadvertence; uncoils risk taking
MPC Mens Rea
Elemental/Narrow approach to mens rea and recognizes 4 types of mens rea
1. purposely
2. knowledge
3. recklessly
4. negligently
MPC Purposely
actor has a conscious objective to engage in conduct of that natural and cause such a result
MPC Knowingly
actor is practically certain conduct will cause such result, aware of high probability that attendant circumstances exist
MPC Recklessly (Gross)
Actor has a conscious disregard of substantial and unjustifiable risk
MPC Negligently (Gross)
A reasonable person should be aware of the risk, but the actor is not a reasonable person
Transferred Intent
intent follows the bullet
a. meaning to do harm to someone but accidentally causing harm to another