Mens Rea

Question 1

MPC Stages of Culpability

Answer 1

(1) Purposefully [TN = Intentionally]
(2) Knowingly
(3) Recklessly
(4) Negligently

Question 2

Purposefully/Intentionally [MPC]

Answer 2

D’s goal is to engage in particular conduct to achieve certain results

Question 3

Knowingly [MPC]

Answer 3

Virtually certain that conduct will lead to a particular result

Question 4

Recklessly [MPC]

Answer 4

(1) A substantial and unjustifiable risk that conduct will cause harm
(2) D is aware and ignores that risk

Question 5

Negligently [MPC]

Answer 5

(1) D should have been aware of a substantial and unjustifiable risk
(2) An RPP would have been aware
(3) Types: (1) gross; (2) plain; (3) per se

Question 6

Elements of Culpability

Answer 6

(1) Conduct
Nature of the act is prohibited
(2) Attendant Circumstances
One or more elements that define, qualify or explain the offense
Aggravate the original crime into something more
(3) Result of Conduct
Usually restricted to homicide and personal injury crimes [cause of harm]

Question 7

Culpability at Common Law

Answer 7

(1) Where D purposefully caused, or it was his conscious objective to cause, harm; or
(2) Where D acts with the knowledge that social harm is virtually certain to occur as a result of his act

Question 8

Types of Common Law Culpability

Answer 8

(1) General Intent

(2) Specific Intent

Question 9

General Intent

Answer 9

(1) Any offense where the only mens rea required was a blameworthy state of mind
(2) Required for all crimes
(3) Can be inferred by the fact-finder by the act alone
(4) Not expressly stated

Question 10

Specific Intent

Answer 10

(1) An additional intent that requires a specific state of mind beyond general culpability
(2) Can be negated by
(a) voluntary intoxication; and
(b) mistake of fact
(3) Objective RPP standard

Question 11

Strict Liability Crimes

Answer 11

(1) Does away with mens rea requirement
(2) Usually welfare or regulatory crimes
(3) Cannot raise the mistake of law or mistake of fact as a defense

Question 12

Exception to Criminal Statutes that Lack a Mens Rea

Answer 12

A criminal statute that lacks a guilty knowledge requirement violates the defendant’s due process rights unless…

(1) the punishment is relatively small; and
(2) a conviction would not seriously damage the defendant’s reputation

Question 13

Actual Knowledge Requirement

Answer 13

D may not be convicted of a criminal offense requiring a duty to register as a convicted person unless it is shown that the individual…

(1) had actual knowledge of the duty; or
(2) should have known, as well as the consequences for failing to comply

Question 14

Reckless Default Rule [State]

Answer 14

When mens rea is not included in a criminal statute, the mens rea requirement can be satisfied by proving that D acted purposefully, knowingly, or recklessly

Question 15

Reckless Default Rule [Federal]

Answer 15

(1) When a federal law is silent on the required mens rea courts read onto the statue only that which is necessary to separate wrongful conduct from otherwise innocent conduct
(2) Can use any four stages of culpability

Question 16

Positive Knowledge

Answer 16

“Knowingly” includes positive knowledge as well as a defendant’s awareness of the high probability of an illegal act but purposely fails to investigate the presence of the illegal act in order to remain ignorant

Question 17

Basic Principal of Culpability

Answer 17

A defendant who is in the process of committing a felony cannot be convicted for an accidental act collateral to the felony that would have been a crime if done intentionally

Question 18

Mistake of Fact

Answer 18

(1) Can be a defense b/c it negates the necessary state of mind
(2) Requires a good faith belief
(3) Not a defense in strict liability crimes

Question 19

Mistake of Law

Answer 19

Generally not a defense unless…

(1) the criminal statute not generally known,
(2) reasonable reliance on a judicial decision,
(3) misunderstanding of another statute, or
(4) reliance on an official interpretation

Question 20

Mistake of Law or Fact: MPC § 2.04

Answer 20

Mistake as to law or fact is a defense if the mistake negates the purpose, knowledge, belief, recklessness, or negligence required to establish a material element of the offense

Question 21

Types of Mistake of Law

Answer 21

(1) D lacks the mental state required
Valid defense
(2) D had whatever mental state required and only claim that he was unaware such conduct was a crime
Invalid defense

Question 22

Voluntary Intoxication as a Defense

Answer 22

Although voluntary intoxication is a valid defense to crimes requiring a knowing or purposeful mental state, the defense can only be invoked when the intoxication is so great that the required mental state was totally lacking