Mens Rea (Difference between CL and MPC)

Question 1

Mens Rea

Answer 1

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

Question 2

Proving Culpability

Answer 2

state must prove only what mens rea is in the statute
a. inference
b. permissive inference
c. presumption
d. circumstantial evidence

Question 3

Common Law Mens Rea

Answer 3

divided by Specific and General Intent

Question 4

Specific Intent

Answer 4

Intentionally and knowingly

Question 5

CL Intentionally

Answer 5

actor has intent to accomplish precise criminal act which one is charged with; acting with **CONCIOUS OBJ. or purpose **of accomplishing a result

1. most serious

Question 6

CL Knowingly

Answer 6

actor has conscious awareness a given result is practically certain to be cause by one’s conduct

1. 2nd most serious

Question 7

General Intent

Answer 7

morally blameworthy state of mind

(mental state is not specifically expressed; social harm of offense was performed with morally blameworthy state of mind)

Question 8

CL Recklessly

Answer 8

Actor is consciously aware of the unjustifiable risk

Question 9

CL Negligently

Answer 9

Blameworthy inadvertence; uncoils risk taking

Question 10

MPC Mens Rea

Answer 10

Elemental/Narrow approach to mens rea and recognizes 4 types of mens rea
1. purposely
2. knowledge
3. recklessly
4. negligently

Question 11

MPC Purposely

Answer 11

actor has a conscious objective to engage in conduct of that natural and cause such a result

Question 12

MPC Knowingly

Answer 12

actor is practically certain conduct will cause such result, aware of high probability that attendant circumstances exist

Question 13

MPC Recklessly (Gross)

Answer 13

Actor has a conscious disregard of substantial and unjustifiable risk

Question 14

MPC Negligently (Gross)

Answer 14

A reasonable person should be aware of the risk, but the actor is not a reasonable person

Question 15

Transferred Intent

Answer 15

intent follows the bullet
a. meaning to do harm to someone but accidentally causing harm to another

Question 16

Willful Blindness (CL)

Answer 16

Knowledge of the attendant circumstance: person act knowingly with regard to attendant circumstances when they are aware those circumstances exist

Question 17

Willful Blindness (MPC)

Answer 17

1. Deliberately shielding oneself from unpleasant knowledge does not remove culpability
2. Knowldge is established if person is aware of high probability or existence unless he actually believes that it does not exist
3. when knowledge of an attendant circumstance is an element of an offense

Question 18

Mens Rea Not Specified

Answer 18

default mens rea is recklessness

Question 19

Attendant Circumstances (CL)

Answer 19

a person acts knowingly with regard to attendant circumstances when they are aware that those circumstances exist

Question 20

Attendant Circumstances (MPC)

Answer 20

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.

Question 21

Willfulness

Answer 21

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

Question 22

Strict Liability

Answer 22

a crime that does not require a mens rea element; requires legislative intent to prove it was meant to be applied to the element

1. public welfare offenses
2. Strict liability element offenses

Question 23

Public Welfare Offenses

Answer 23

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

Question 24

Strict Liability Element Offenses

Answer 24

there is a mens rea for all other elements except the strict liability elements, this element is usually an attendant circumstance

1. All elements have a mens era except one
2. must be proven for all elements of the offense except a single strict liability element; allowed when potentially harmful or injurious items are involved

Question 25

MPC General Rule

Answer 25

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

Question 26

Mistake of Fact (MPC)

Answer 26

Recklessly/Negligently: Honest and Reasonable Purposefully/Knowingly: Honest SL: No defense

Question 27

Mistake of Fact (CL)

Answer 27

General Intent: Honest and reasonable Specific Intent: Honest SL: No defense

Question 28

CL Mistake of Law

Answer 28

ignorance of law is not an excuse

Question 29

MPC Mistake of Law

Answer 29

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

Question 30

Malice aforethought

Answer 30

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