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
Willful Blindness (CL)
Knowledge of the attendant circumstance: person act knowingly with regard to attendant circumstances when they are aware those circumstances exist
Willful Blindness (MPC)
- Deliberately shielding oneself from unpleasant knowledge does not remove culpability
- Knowldge is established if person is aware of high probability or existence unless he actually believes that it does not exist
- when knowledge of an attendant circumstance is an element of an offense
Mens Rea Not Specified
default mens rea is recklessness
Attendant Circumstances (CL)
a person acts knowingly with regard to attendant circumstances when they are aware that those circumstances exist
Attendant Circumstances (MPC)
a person has knowledge of attendant circumstances when he commits
1. Voluntary act of actual knowledge the circumstances exist
2. Voluntary negative act failing to dispossess oneself promptly
3. Voluntary act based on willful blindness/ deliberate ignorance –> knowledge established if person is aware of a high probability of its existence unless he actually believes that it does not exist.
Willfulness
CL: generally requires the actor intentionally perform the prohibited act in bad faith, either either wrongful motive or in violation of known legal duty
- person acts knowingly w/ regard to A.C. when they’re aware those circumstances exist
MPC: satisfied by proving the mens rea of knowingly
Strict Liability
a crime that does not require a mens rea element; requires legislative intent to prove it was meant to be applied to the element
- public welfare offenses
- Strict liability element offenses
Public Welfare Offenses
purpose of such is regulation not punishment; MPC calls these violations
Regulates increasingly common social order and involves minor wrongs with light punishment presenting a threat to society’s well being in terms of health and safety
a. regulates dangerous devices or products or obnoxious waste materials
b. heighten the duties of those in control of particular trades or actives that affect public safety
c/ depend on no mental element but only forbidden acts or omission
Strict Liability Element Offenses
there is a mens rea for all other elements except the strict liability elements, this element is usually an attendant circumstance
- All elements have a mens era except one
- must be proven for all elements of the offense except a single strict liability element; allowed when potentially harmful or injurious items are involved
MPC General Rule
Provides that unless otherwise prescribed, the prosecution must prove at least gross recklessness with respect to all material elements for which mens rea is not specified, provided the conduct at issue is not a mere violation
Mistake of Fact (MPC)
Recklessly/Negligently: Honest and Reasonable
Purposefully/Knowingly: Honest
SL: No defense
Mistake of Fact (CL)
General Intent: Honest and reasonable
Specific Intent: Honest
SL: No defense
CL Mistake of Law
ignorance of law is not an excuse
MPC Mistake of Law
Neither knowledge, reckless, or negligence as to the existence, meaning, or application of the law is an element of an offense unless the definition of the offense of the code provides –> ignorance is not an excuse
Belief that conduct does not legally constitute an offense if defendant relied upon an official statement of the law that has been overturned or when knowledge of law is required in the state itself
Malice aforethought
the mental state required for common law murder:
intent to kill
intent to inflict grevious bodily harm
extremely reckless indifference to the value of human life
the intent to commit a felony
