Mens Rea (Mental State)

Question 1

Mens Rea

Answer 1

Must be some bad state of mind that accompanies the defendant’s act and happens concurrently

Question 2

Common Law Mens Rea

Answer 2

Maliciously, Fraudulently, Feloniously, etc. The difficulty is in defining these terms. Malice means ill-will, hatred, spite, evil intent

Question 3

Common Law: Express Malice

Answer 3

deliberate intention to bring about harm to the victim

Question 4

Common Law: Implied Malice

Answer 4

Indifference brought about by an extreme level of carelessness or inattention (depraved and malignant heart, etc)

Question 5

MPC: Purposely (most culpable)

Answer 5

the defendant has the conscious object to engage in prohibited conduct

Question 6

MPC: Knowingly (second most culpable)

Answer 6

the defendant is practically or substantially certain that their conduct will bring about the prohibited conduct

Question 7

MPC: Recklessly (third most culpable)

Answer 7

the defendant is aware of and disregards and substantial and unjustifiable risk such that is a gross deviation of standard human behavior

Question 8

MPC: Negligently (least culpable)

Answer 8

the defendant is unaware but should have known of a substantial and unjustifiable risk that is a gross deviation of standard human behavior

Question 9

Mistake of Fact vs. Mistake of Law

Answer 9

a mistake of fact can generally only negate the required mens rea for a crime (unless it is a strict liability crime, then no mental state is required). If the crime is a specific intent crime, then any mistake of fact is acceptable, if it is a general intent crime then the mistake of fact must be reasonable

a mistake of law occurs only when an individual demonstrates an effort to learn the law, and is misguided by an official (this is very rare)