Mens Rea, Transferred Intent, Merger

Question 1

Mens Rea - Specific Intent

Answer 1

Intro - four states of mind in the common law: specific intent, malice, general intent, and strict liability

Specific Intent - D committed the actus reus but did it for the purpose of causing a specific result

4 Categories of Crimes that are Specific Intent (“FIAT”):

1. First Degree Murder - question will expressly state if D is charged with 1st degree
2. Inchohate Crimes - “C-AT-S” - conspiracy, attempt, soliciation
3. Assault with attempt to commit a battery
4. Theft Offenses - larceny, embezzlement, forgery, burglary, robbery

OHIO - note that atempt and conspiracy of crimes both merge into the underlying crime

Question 2

Mens Rea - Malice

Answer 2

Definition - D acted in a reckless disregard of a high risk of harm occuring

Crimes - murder and arson

Question 3

Mens Rea - General Intent

Answer 3

Definition - D intends to commit an act that is unlawful

Note - catchall category

Acts that are done knowingly, recklessly, or negligently under MPC are general intent crimes

Exam Note - forms of homicide (including manslaguther), battery, and rape

Question 4

Mens Rea - Ohio

Answer 4

Ohio has adopted teh MPC degrees of Mens Rea

1. Purposely - act with specific intent to cause a particular result

2. Knowingly - regardless of the person’s purpose, she is aware that her conduct will probably cause a certain result or willl be of a certain nature

3. Recklessly - with heedless indifference to consequences, a person perversly disregards a known risk that her conduct is likely to cause a certain result or be of a certain nature

4. Negligenly - due to a substnatial lapse in due care, the defendant fails to avoid a risk that her conduct may cause a certain result or be of a certain nature

Note - D was not aware of risk but a reasonable person in her situation would have been aware of the risk; difference between this and reckless is if D knew of risk

Question 5

Mens Rea - Strict Liabilty

Answer 5

Definition - s long as D voluntarily commits the actus reus, it doesnt matter what the D’s intent was

OHIO - default mens rea is recklessness; if offense does not specify a mens rea then court will apply recklessness

Question 6

Transferred Intent Doctrine

Answer 6

Rule - when D has a requisite mens rea for committing a crime directed against one victim, but falls upon a different victim, we’ll transfer the specific intent the D had for the intended victim to the actual victim

Vicarious Liability - person is liable for an actus reus committed by someone else

Note - corp can be liable for the action of its high-level employees or the board of directors

Note 2 - MPC requires a specific duty imposed by law on corps the high level officials have ordered or tolerated thea ct

Question 7

Merger

Answer 7

General Principle - D can be convited of more than one crime arising out of the same act however a D cannot be convited of two crimes when the two crimes merge into one.

Two Categories:

1. lesser included offenses and
2. The merger of an inchoate anda completed offense

Lesser Included Offenses - offense in which each of its elements appears in another but the other offense has something additional

Greater Included Offense - the offense that swallows the lesser

Inchoate and Completed Offenses

1. Attempt - merges into complete offense if the D actually commits the crime (can be charged with attempt and success, but may only be convicted of one)
2. Soliciation - merges into the completed offense
3. Conspiracy - does not merge with substantive offenses; can be convicted of conspiracy and committing the offense