Mens Rea Flashcards
(23 cards)
Mens
Guilty mind
Can jury presume that D intended the natural and probable consequences of their conduct?
Yes. Although difficult to prove state of mind, the jury is entitled to presume (if they would like to) D intended the natural and probable consequence of their conduct
Can a court infer the intent to commit a crime based on surrounding circumstances?
Yes. Circumstantial evidence to evaluate D’s mental state is permitted
Transferred intent
Intent toward one person if harm occurs to another the intent is still present
Restatements are not the law
Judges find them to be helpful
No inherent legal authority – a judge or legislature must adopt those principles in order for them to become law
intent
the goal of death is reached
Knowledge
no goal or purpose of causing death but did know that death was possible
Knowingly definition
limited to actual knowing of the fact
When a statute requires knowledge of a fact as an element of a crime, is it sufficient to prove the defendant was aware of the high probability of that fact’s existence?
No
Whether when one is accused of a drug crime requires a showing that he or she knew the specific drug
No
- Only required that D was aware of the amount of the drug
Rule of lenity –
- When the law is unclear, draws in favor to D
- Only applies when a § is ambiguous
Drug crimes require knowing the type of drug possessed?
No. Drug crimes require one to know about illegal drug quantity, but not what specific drug
Strict Liability
Actus reas and causation requirement but no mens rea requirement
what crimes are SL?
Minor traffic offense
Alcohol to minors
Safety
Theory for SL
- cost/benefit analysis
- Society requires safety for the general welfare of others and in order to do this the must criminalize conduct
- The benefit is so high
- Cost is low
Whether a mistake of fact is a defense to a specific intent crime even if the mistake was unreasonable
Yes
what does mistaken apprehension of goods in larceny crime do>
- Mistaken apprehension of the facts negates the mens rea element of larceny
- Therefore, cannot be convicted of a crime of larceny because no mens rea
If D has good faith belief is there mens rea?
No
If D’s good faith belief is unreasonable can they still be found guilty?
No.
- BASICALLY IF D HAD GOOD FAITH INTENT THAT WAS UNREASONABLE = NOT GUILTY IF JURY BELIEVES D’S TESTIMONY
Harmless error
Jury instructions can be erroneous but it does not make a difference in convictions → harmless error
Whether the defendant’s personal misunderstanding of a § may excuse criminal conduct in the circumstances of the case
No
Is ignorance of law an excuse?
No
- As long as there is a § on the books that is sufficient notice
- D has no plausible argument with this defense
Mistake of law means?
Mistake law defense does not mean that D is potentially entitled to a D bc D was mistaken about the law
It really means mistake about the law (written)
