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Criminal Law > Mens Rea 1 > Flashcards

Mens Rea 1 Flashcards

1
Q

Mens rea means ___

A

guilty mind/intent to do the harm in the statute

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2
Q

Mens rea is a way of ___

A

passing judgment on person’s character (in that moment)

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3
Q

Common law mens rea has ____ terms that have ___

A

wide variety, no necessary relationship to each other

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4
Q

MPC four mental states

A

(1) purpose (2) knowingly (3) recklessly (4) negligently

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5
Q

If no mens rea element specified in MPC statute then ___ is sufficient to prove mental state

A

reckless

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6
Q

Morissette facts

A

M took bomb casings and sold for profit thinking they were abandoned

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7
Q

Morissette statute

A

whoever..knowingly converts govt property is punishable

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8
Q

Why is mens rea debated in Morissette

A

common law statute doesn’t explain what “knowingly” means or what intent is required

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9
Q

Morissette holding

A

Presume mens rea, court must determine if strict liability statute

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10
Q

Morissette says that only ____ may have strict liability

A

public welfare offenses with regulatory purposes (traffic violations)

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11
Q

Morisette reasoning

A

(1) even though statute silent on mental element there is need for criminal intent (2) if every time omission of mens rea meant dispensing with it then every crime would be strictly liable (3) stealing common law crime which always had intent requirement

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12
Q

Regina facts

A

D stole a gas meter didn’t turn off the gas and partially asphyxiated someone

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13
Q

Regina holding

A

maliciousness doesn’t mean wickedness it means either
(1) Actual intention to do the particular harm done (MPC purpose)
OR
(2) reckless disregard that harm will occur or not (MPC recklessness)

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14
Q

Regina represents a transition from thinking about mens rea as ___ to ____

A

moral fault, element of a crime (tied to harm in statute)

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15
Q

A person acts purposely with respect to a material element of an offense when the element involves the nature of his conduct or a result thereof if it is his ____ OR if the element involves the attendant circumstances he is _____

A

conscious object to engage in conduct of that nature or to cause such a result, aware of the existence of such circumstances and he believes/hopes they exist

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16
Q

A person acts knowingly with respect to material element when element involves the nature of his conduct or the attendant circumstances, he is _____and if the element involves a result of his conduct he is ____

A

aware that his conduct is of that nature or that such circumstances exist, aware that it is practically certain that his conduct will cause such a result

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17
Q

A person acts recklessly with respect to material element when he _____

A

consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct

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18
Q

For recklessness and negligence, the risk must be of such a nature and a degree that … it involves a ___

A

gross deviation from the standard of conduct that a law abiding person would observe in the actor’s position

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19
Q

A person acts negligently … when he _____

A

should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct

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20
Q

technical label for mens rea of murder

A

malice aforethought

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21
Q

Malice aforethought constitutes murder in these four scenarios

A

(1) intent to kill
(2) intent to commit serious bodily injury
(3) depraved heart
(4) felony murder rule applies

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22
Q

what is felony murder rule

A

killing that occurs during commission of a felony is considered murder regardless of intent to kill

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23
Q

what is homicide

A

killing another human being

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24
Q

what is manslaughter

A

criminal homicide with reduced culpability

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25
Q

MPC manslaughter scenarios

A

(1) committed recklessly (but not extreme indifference of depraved heart)
(2) homicide otherwise murder committed under influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse

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26
Q

First degree murder in MPC

A

(1) murder involved premeditation and deliberation AND committed by means specified in the statute OR felony murder

27
Q

what is premeditation in MPC

A

killer reflected upon and thought about killing in advance (no required length of time)

28
Q

what is deliberation in the MPC

A

quality of D’s thought process, deliberate when undertaken with level head

29
Q

examples of partial defenses

A

provocation, imperfect self-defense, diminished capacity

30
Q

Mental state is presumed to apply to ______

A

all material elements of the crime unless otherwise specified

31
Q

general intent

A

require intent to do the actus reus without reference to intent to do a further act or achieve a future consequence

32
Q

specific intent

A

require D to intend to commit an act AND intend to cause a particular result when committing the act

33
Q

Sometimes court will say specific intent when they really ____

A

just mean intent

34
Q

Every crime must have ____ but not every crime needs ___

A

mens rea and conduct, result requirement

35
Q

how short can deliberation be

A

some courts say 1 second or blink of an eye

36
Q

Why not create a general rule for how long deliberation can be and then sort at sentencing?

A

prediction issue for the system, need to constrain judges discretion so need a standard to prevent inconsistent outcomes

37
Q

Why not let jury decide how long deliberation can be?

A

juries don’t have variety of cases to draw on so need standard as guidance

38
Q

Gentry facts

A

G poured gasoline on girlfriend. She walked near stove and caught on fire. He testified they were both drunk and that it was an accident

39
Q

Gentry holding

A

Acquitted. Specific intent to kill required to sustain a conviction for attempted murder

40
Q

Gentry reasoning

A

(1) specific intent means purpose (2) purpose in homicide context means goal to kill the person, knowledge death/serious harm may occur is insufficient

41
Q

How does Gentry show the power of mens rea?

A

G did something wrong but acquitted because he didn’t have specific intent to kill

42
Q

Intentional killing is a pre-MPC term that referred to ___ but MPC decided ___

A

both purpose and knowing, intent only for purpose

43
Q

Holloway facts

A

H and accomplice approached car, drew a gun and threatened to shoot unless driver handed over keys. Wanted to steal cars without causing harm but would’ve used the gun if the driver had “given him a hard time”

44
Q

Holloway holding

A

Conditional intent satisfies mens rea, Govt can demonstrate D had purpose to kill if had conditional intent to kill

45
Q

Holloway reasoning

A

doesn’t need to be intent to cause harm no matter what

46
Q

Scalia Holloway dissent

A

Conditional intent not same thing as intent, conditional intent not in the statute

47
Q

Provocation is a form of __

A

voluntary manslaughter

48
Q

Provocation can mitigate ___

A

an intentional killing from murder to manslaughter

49
Q

One who kills in response to adequate provocation has acted ______ even though __-

A

without malice aforethought, still acted with intent to kill or seriously injure

50
Q

For provocation, defendant’s culpability is mitigated due to____ not ____

A

cultural sympathy with their loss of self-control, actual absence of malice aforethought

51
Q

Villella facts

A

D stabbed wife to death some time after heated argument and wanted to introduce evidence she was having an affair

52
Q

Villella holding

A

evidence of affair admissible to establish heat of passion defense

53
Q

Villella reasoning

A

Reasonable person test

54
Q

Villella dissent

A

supposed to be sudden provocation

55
Q

Provocation is an event that would ___

A

make a reasonable person behave unreasonably

56
Q

three approaches to voluntary manslaughter

A

(1) common law categorical (2) legal provocation (3) modern reasonable person test

57
Q

For legal provocation approach, mere words ___

A

are not enough

58
Q

For reasonable person approach, mere words ___

A

can be included

59
Q

Problems with reasonable person standard

A

(1) does RP ever kill in heat of passion (2) being fair to the individual may mean losing objective standard

60
Q

For reasonable person consider characteristics relating to defendant’s ___ rather than ___

A

powers of judgment and self control (age), physical or demographic characteristics

61
Q

MPC approach to voluntary manslaughter does not say ___

A

need to be sudden provocation, very broad

62
Q

MPC approach to voluntary manslaughter about ___

A

reasonableness of psych state not about types of provocation that count

63
Q

Why might categories approach to voluntary manslaughter be good?

A

narrow types of cases defendant can claim exclusion for

64
Q

Example of knowingly

A

trying to bomb one target but know civilians in the area will die

Criminal Law (10 decks)

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