Culpability and Mens Rea

Question 1

What is Mens Rea?

Answer 1

-Guilty mind at the time of actus reus

Question 2

What is criminal strict liability?

Answer 2

-A crime lacking mens rea

Question 3

What factors justify strict liability?

Answer 3

• Public health and safety
• Low penalty
• No harm to reputation
• Notice
• Simple to prove with little discresion

Question 4

What is the gradation of Mens Rea?

Answer 4

• Purposeful
• Knowingly
• Recklessly
• Negligently

Question 5

Wulff

Answer 5

• Man selling migratory bird parts, charged with a felony

- The statute didn’t exist at common law, so there was no notice

Question 6

Atkins

Answer 6

• Statute takes away Mens Rea for drug possession cases, taking away presumption of innocence
• Shift the burden of proof to the defendant

Question 7

Lambert v. California

Answer 7

• Statute required felons register with LAPD
• Court holds this violates Due Process for lack of Mens Rea
• Ignorance of the law is not an excuse unless the statute is such a great departure that there is no notice

Question 8

Renaldi

Answer 8

-Wanted to purchase a gun, but thought he had a misdemeanor, not a felony

Question 9

What is the default level of culpability under the MPC?

Answer 9

-Recklessness

Question 10

What is Purposeful?

Answer 10

-When there is conscious object to engage in conduct or produce a result

Question 11

What is Knowing?

Answer 11

• When a person is aware that a person’s conduct or circumstances exist
• Can also be proven if a person is aware of the high probability of a conduct or circumstance’s existence

Question 12

What is Reckless?

Answer 12

-When a person consciously disregards a substantial and unjustifiable risk that circumstances exist or result will follow and the disregard is a gross deviation from the standard of care that a reasonable person would exercise

Question 13

What is Negligent?

Answer 13

-Fails to be aware of a substantial and unjustifiable risk

Question 14

Elonis v. U. S.

Answer 14

• Man threatens ex-wife over Facebook

- Court holds that jury instruction for threat is improper and should include Mens Rea

Question 15

U. S. v. Baker

Answer 15

• Man selling fake rolexes

- Knowing is was a lesser crime is not a defense to felony charges

Question 16

Cheek v. U. S.

Answer 16

• Pilot tax evasion

- Believing a crime is unconstitutional does not excuse duty to obey the law

Question 17

Montana v. Egelhoff

Answer 17

• Man drunkenly kills wife

- Voluntary intoxication can be instructed to the jury to determine mental state

Question 18

What is Mistake of Law?

Answer 18

• A mistake of the laws by the defendant
• Can negate guilt if mistake shows defendant didn’t have mens rea
• Must be reasonable for a general or malice intent crime
• Not a defense for strict liability
• Is a defense when: insufficient notice, erroneous official pronouncement, and legal circumstance

Question 19

What is Mistake of Fact?

Answer 19

• A mistake of the facts by the defendant
• Generally not a defense
• May negate intent

Question 20

What are the elements of Mens Rea?

Answer 20

• Conduct
• Circumstance
• Outcome

Question 21

What are the types of strict liability?

Answer 21

• Pure (all elements)

- Impure (one or more elements, but not all)

Question 22

What is the general rule for Mens Rea in the MPC and Common law?

Answer 22

-Even if a statute lacks Mens Rea, we assume it is necessary element

Question 23

What are the capacity rules under the MPC?

Answer 23

• If lack of capacity is relevant, it can be a defense
• Intoxication usually doesn’t count as a defense unless it’s involuntary
• Capacity defined by statute

Question 24

What are element negating defenses?

Answer 24

• Mistake of Law

- Lack of Capacity