Negating Mens Rea

Question 1

Three Main Categories for Negating Mens Rea

Answer 1

(1) Mistake
(2) Insanity
(3) Intoxication

Question 2

Two Types of Mistake

Answer 2

(1) Mistakes of Law

(2) Mistakes of Fact

Question 3

Mistakes of Law

Answer 3

Mistakes about what law forbids and what it permits

Question 4

Potential Exceptions to Mistakes of Law

Answer 4

(1) Reliance on High-Level Government Interpretations
(2) Lack of Notice
(3) Mistake that goes to an element of specific intent (FIAT crimes)

Question 5

Mistakes of Fact: Strict Liability Crimes

Answer 5

Never a defense

Question 6

Mistakes of Fact: General Intent Crimes

Answer 6

Valid defense only if:

(1) Mistake is REASONABLE; and
(2) GOES TO THE CRIMINAL INTENT

Question 7

Mistakes of Fact: Specific Intent

Answer 7

Valid defense whether mistake is reasonable or unreasonable

Question 8

Insanity Tests

4

Answer 8

(1) M’Naghten
(2) Irresistible Impulse
(3) Durham Rule
(4) MPC

Question 9

Insanity Test: M’Naghten

Answer 9

D did not know:

(1) The NATURE OF THE ACT; or
(2) That the ACT WAS WRONG because of a mental disease or defect

Question 10

Insanity Test: Irresistible Impulse

Answer 10

D has mental disease or defect that prevents D from controlling himself

Question 11

Insanity Test: Durham Rule

Answer 11

D would not have committed the crime but for having a mental disease or defect

Question 12

Insanity Test: MPC

Answer 12

Due to mental disease or defect, D did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law

Question 13

Two Types of Intoxication

Answer 13

(1) Involuntary

(2) Voluntary

Question 14

Involuntary Intoxication

Answer 14

Can be valid defense to general intent, specific intent, and malice crimes when necessary mens rea is negated

Question 15

Voluntary Intoxication

Answer 15

Valid defense only to specific intent crimes (FIAT crimes)

Not valid if D got drunk in order to commit the crime