Negating Mens Rea

Question 1

Three Ways to Negate Mens Rea

Answer 1

• Mistake
• Insanity
• Intoxication

Question 2

Mistake

Answer 2

There are two types:

• Mistake of Law
• Mistake of Fact

Question 3

Mistake of Law

Answer 3

Generally, ignorance of the law is not a defense.

EXCEPTIONS

• Reliance on high-level interpretation of the law [relying on lawyer’s advice does not count]
• Lack of notice
• Mistake of law that goes to an element of Specific Intent crimes (FIAT).

Question 4

Mistake of Law

Answer 4

Mistake of Law applies differently to Specific v General Intent Crimes. First step is to identify the crime.

[It is NEVER a mistake to strict liability because mens rea is not a factor in strict liability.]

General Intent: Mistake of fact is a defense only if the mistake is reasonable and it goes to the criminal intent.

Specific Intent: Mistake of face are a defense whether the mistake reasonable or unreasonable. The only question is whether the defendant held the mistaken belief.

Question 5

Insanity [List 4 Tests]

Answer 5

1. M’Naghten
2. Irresistible Impulse
3. Durham Rule
4. Model Penal Code

[Majority usually places burden on the defendant to prove insanity either through preponderance of the evidence or clear and convincing evidence.]

Question 6

M’Naghten Test

Answer 6

[Used for Insanity Defense to Negate Mens Rea]

Defendant either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect.

Question 7

Irresistible Impulse

Answer 7

[Used for Insanity Defense to Negate Mens Rea]

Defendant has a mental disease or defect that prevents the defendant from controlling himself.

Question 8

Durham Rule

Answer 8

[Used for Insanity Defense to Negate Mens Rea]

Defendant would not have committed the crime but for his having a mental disease or defect (rarely used because it is defendant friendly).

Question 9

Model Penal Code (Insanity)

Answer 9

[Used for Insanity Defense to Negate Mens Rea]

Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his actions or to confirm his conduct to the law.

Question 10

Intoxication

Answer 10

(Drugs, Alcohol, Meds)

• Voluntary
• Involuntary

Voluntary

Person knowingly ingests the intoxicating substance. Only a defense to specific intent crimes (FIAT) ONLY IF it prevented the defendant from forming requisite mens rea.

Involuntary

(Forced, did not know, surprise reaction to meds)

Is a valid defense to general and specific intent crimes and malice crimes when it negates the mens rea for the crime.