Mens Rea (Difference between CL and MPC) Flashcards

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1
Q

Mens Rea

A

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

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2
Q

Proving Culpability

A

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

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3
Q

Common Law Mens Rea

A

divided by Specific and General Intent

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4
Q

Specific Intent

A

Intentionally and knowingly

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5
Q

CL Intentionally

A

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
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6
Q

CL Knowingly

A

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

  1. 2nd most serious
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7
Q

General Intent

A

morally blameworthy state of mind

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

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8
Q

CL Recklessly

A

Actor is consciously aware of the unjustifiable risk

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9
Q

CL Negligently

A

Blameworthy inadvertence; uncoils risk taking

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10
Q

MPC Mens Rea

A

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

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11
Q

MPC Purposely

A

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

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12
Q

MPC Knowingly

A

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

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13
Q

MPC Recklessly (Gross)

A

Actor has a conscious disregard of substantial and unjustifiable risk

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14
Q

MPC Negligently (Gross)

A

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

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15
Q

Transferred Intent

A

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

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16
Q

Willful Blindness (CL)

A

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

17
Q

Willful Blindness (MPC)

A
  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
18
Q

Mens Rea Not Specified

A

default mens rea is recklessness

19
Q

Attendant Circumstances (CL)

A

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

20
Q

Attendant Circumstances (MPC)

A

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.

21
Q

Willfulness

A

CL: generally requires the actor intentionally perform the prohibited act in bad faith, either either wrongful motive or in violation of known legal duty

MPC: satisfied by proving the mens rea of knowingly

22
Q

Strict Liability

A

a crime that does not require a mens rea element; crimes that are exceptions to the rule that criminal offenses require mens rea. It requires legislative intent to prove that strict liability was mean to be applied to the element

  1. public welfare offenses
  2. Strict liability element offenses
23
Q

Public Welfare Offenses

A

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

24
Q

Strict Liability Element Offenses

A

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
25
Q

MPC General Rule

A

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

26
Q

Mistake of Fact (MPC)

A

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

27
Q

Mistake of Fact (CL)

A

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

28
Q

CL Mistake of Law

A

ignorance of law is not an excuse

29
Q

MPC Mistake of Law

A

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