Mens Rea (Mental State) Flashcards
Types of Intent
Common Law
(1) Malice Intent
(2) General Intent
(3) Specific Intent
Types of Intent
Model Penal Code
(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligently
Malice Intent
Definition
Crimes in which the accused acts with at least
EXTREME RECKLESSNESS.
Malice Intent
Crimes
(1) Common Law Murder
(2) Arson
(3) House Burning
(4) Malicious Mischief
General Intent
Definition
Crimes in which the accused acted with at least ORDINARY RECKLESSNESS or GROSS NEGLIGENCE.
General Intent
Crimes
All crimes that do require malice intent or specific intent.
(1) Battery
(2) Rape
(3) Kidnapping
(4) Assault (Threats)
(5) Involuntary Manslaughter
(6) Voluntary Manslaughter
(7) Mayhem
(8) Criminal Trespass
(9) False Imprisonment
(10) Reckless Driving
Strict Liability
Definition
Crimes in which mental state is irrelevant.
Strict Liability (Crimes
(1) Statutory Rape
(2) DUI/DWI
(3) Bigamy
(4) Selling Liquor to a Minor
(5) Many regulatory, environmental, and welfare offenses
MPC Intent:
Purposely
(Definition)
Conscious intent to either engage in certain behavior or cause a certain result.
MPC Intent:
Knowingly
(Definiton)
Aware that conduct will or likely will cause a certain result.
MPC Intent:
Recklessly
(Definition)
Conscious disregard for a substantial and unjustifiable risk;
Constitutes a gross deviation from a reasonable person’s standard of care.
MPC Intent:
Negligence
(Definition)
Failure to be aware of a substantial and unjustifiable risk;
Failure constitutes a gross deviation from a reasonable person’s standard of care.
Concurrence of Physical Act and Mental State
Definition
Defendant must have the necessary mental state at the time of committing the act that constituted a crime.
Causation
Definition
Defendant’s criminal act must be the actual and proximate cause of the crime.
Actual Cause
Definition
Defendant’s criminal act lengthened or shortened the victim’s life.
But for the defendant’s criminal act, X would not have happened.
Defenses Negating Capacity
Types
(1) Insanity
(2) Intoxication
(3) Infancy
Insanity Defense
M’Naghten Rule (Majority/Federal Courts)
(Test)
At the time of the crime the accused suffered from a
MENTAL DISEASE or DEFECT; and did not know his act was LEGALLY WRONG.
Insanity Defense
Irresistible Impulse
(Test)
MENTAL DISEASE OR DEFECT;
DID NOT KNOW ACT LEGALLY WRONG;
COULD NOT RESIST.
INSANITY DEFENSE
MPC
(Tests)
EITHER M’Naghten or Irresistible Impulse = NOT GUILTY.
INSANITY DEFENSE
Burden of Proof
Defense must prove insanity by:
Preponderance
or
Clear and Convincing
DEFENSES
Voluntary Intoxication
(Definition)
Consuming drugs and alcohol SELF-INDUCED or not under DURESS.
SPECIFIC INTENT only.
DEFENSES
Involuntary Intoxication
Taking intoxication substance
(1) Without KNOWLEDGE of the substance’s PROPERTIES
(2) Under force or duress;
(3) Medical advice without knowledge of substance’s intoxicating effects.
INFANCY Defense
Common Law Definition
Under 7 – No Criminal Liability
7 - 14 –Rebuttable Presumption of Criminal Liability
Over 14 – Treated as Adults.
JUSTIFICATIONS, EXCUSES, DEFENSES
TYPES
(1) Self Defense
(2) Defense of Others
(3) Defense of Property
(4) Necessity
(5) Duress
(6) Mistake/Ignorance of Law
(7) Mistake/Ignorance of Fact
(8) Consent
(9) Entrapment
