Mens Rea, Transferred Intent, and Merger

Question 1

Common Law States of Mind

4

Answer 1

(1) Specific Intent
(2) Malice
(3) General Intent
(4) Strict Liability

Question 2

State of Mind: Specific Intent

Answer 2

D committed the actus reus and did it for the very purpose of causing the action that the law criminalizes

Question 3

Four Categories of Specific Intent Crimes

Answer 3

FIAT

1) First-degree Murder
(2) Inchoate Crimes (CATS
(3) Assault with attempt to commit a battery
(4) Theft Offenses

Question 4

State of Mind: Malice

Answer 4

D acts in RECKLESS DISREGARD OF A HIGH DEGREE OF HARM

D realizes the risk and acts anyway

Question 5

Two Malice Crimes

Answer 5

(1) Arson

(2) Murder

Question 6

State of Mind: General Intent

Answer 6

Intent to perform an act, and the act is unlawful

D does not need to know that the act is unlawful

Generally, acts done knowingly, recklessly, or negligently under MPC are general intent crimes

Question 7

Two Most Likely General Intent Crimes to Be Tested on Exam

Answer 7

(1) Manslaughter

(2) Battery

Question 8

State of Mind: Strict Liability

Answer 8

No state of mind requirement

D must merely have committed the act

Typically statutory/regulatory/moral offenses

Question 9

MPC States of Mind

4

Answer 9

In order of level of culpability:

(1) Purpose
(2) Knowledge
(3) Recklessness
(4) Negligence

Question 10

MPC State of Mind: Purposely

Answer 10

D’s CONSCIOUS OBJECT is to engage in the conduct or to cause a certain result

Question 11

MPC State of Mind: Knowingly or Willfully

Answer 11

D aware that:

(1) Their CONDUCT IS OF A NATURE REQUIRED TO COMMIT THE CRIME ; and
(2) That the RESULT IS PRACTICALLY CERTAIN to occur based on his conduct

Question 12

MPC State of Mind: Recklessly

Answer 12

D acts with a conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law- abiding person

Question 13

MPC State of Mind: Negligently

Answer 13

D should be aware of a SUBSTANTIAL and UNJUSTIFIABLE RISK and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation

Question 14

Transferred Intent Doctrine

Answer 14

When D has the requisite mens rea for committing a crime against Victim A, but actually commits the crime against Victim B, the law transfer the intent from Victim A over to Victim B.

Question 15

Vicarious Liability

Answer 15

Holds a person or entity liable for an actus reus committed by someone else

A corporation can be liable for the actions of its high-level employees or the Board of Directors

Question 16

Merger

Answer 16

A defendant cannot be convicted of two crimes when the two crimes merge into one

Question 17

Two Categories of Merger

Answer 17

(1) Lesser-included offense
- –>An offense in which each of its elements appears in another offense, but the other offense has something additional

(2) Inchoate and completed offense
- –> D who actually completes a crime cannot be also convicted of attempting that crime