Negating Mens Rea

Question 1

Negating Mens Rea

Answer 1

(1) Mistake of fact
(2) Mistake of law
(3) Intoxication

Question 2

Mistake of Fact (Common Law)

Answer 2

(1) Specific intent crime: mistake need not be reasonable as long as it negates the intent in crime’s definition, will be a defense
(2) General intent: only mens rea is a mentally culpable mind. Mistake must be reasonable to be a defense

Question 3

Mistake of Fact

MPC

Answer 3

Ignorance or mistake is a defense if it negates requisite mens rea.

If meant to commit lesser crime, D will be charged with lesser crime.

Question 4

Mistake of Law

Common law exceptions

Answer 4

(1) Knowledge of law is expressly required by statute
(2) Legislature creates “reliance defense” on some legal authority other than statute
(3) Crime requires mental state element that requires knowledge of some other law

Question 5

Mistake of Law (MPC exceptions)

Answer 5

(1) Statute requires knowledge of law

(2) Actor reasonably relies on official statement of the law later deemed invalid

Question 6

Intoxication (Common Law)

Answer 6

Voluntary intoxication is a defense if:

(1) Specific intent: if D cannot form the specific intent required
(2) Voluntary act: so intoxicated that D didn’t make a voluntary act
(3) Insanity: must be fixed insanity

Involuntary intoxication negates both specific and general

Question 7

Common Law Involuntary Intoxication

Answer 7

(1) Coerced ingestion
(2) Accidental ingestion
(3) Prescribed meds
(4) Pathological - small amount of alcohol triggers unexpected level of intoxication

Question 8

Intoxication (MPC) and (Tennessee)

Answer 8

Intoxication is a defense if:

(1) Negates an element of an offense (except recklessness) or
(2) Pathological or not self-induced are affirmative defenses if they cause mental state similar to insanity
(3) Negates the voluntary act requirement

Question 9

Steps for essay

Answer 9

(1) Identify crime: either common law offense or statute (intentionally, maliciously - convert to MPC terms)
(2) Break down statute into elements: nature of conduct, attendant circumstance, result of conduct.
(3) Jury instructions, explain mens rea
(4) Plug in facts of case to essential elements of crime to see if state has met its burden
(5) Failure of proof defenses:
(a) defeating voluntary act component, or
(b) defeating certain mens rea (mistake of fact/law, voluntary/involuntary intoxication)
(6) Causation issues impacting result of conduct element
(7) Excuses or justification