Mens Rea

Question 1

No mens rea included in statute?

Answer 1

Absent legislative intent to contrary, courts assume legislature intended culpable mental state (Ford)

Question 2

Intent can be …

Answer 2

inferred from circumstances, words, or actions (Conley)
But NEVER presumed

Question 3

Mens rea applies to

Answer 3

all elements of a crime

Question 4

General Intent Purposeful/Intentional CL

Answer 4

A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.

Question 5

Recklessness

Answer 5

a. Foreseeing that the particular kind of harm might be done, and yet has gone on to take the risk of it.
b. Ignored a substantial and unjustifiable risk of which he was aware of (requires subjective awareness)

Question 6

Knowing

Answer 6

a. A person knows or acts knowingly or with knowledge of the result of his conduct described by the statute defining the offense when he is consciously aware that such result is practically certain to be caused by his conduct.
b. A person acts knowingly with respect to attendant circumstances when they know those circumstances exist

Question 7

Negligence

Answer 7

a. Taking a substantial and unjustifiable risk of causing the harm proscribed by the criminal statute.
b. The risk must represent a gross deviation from the standard of reasonable care. (objective)

Question 8

Specific Intent

Answer 8

look for “with intent to” or “with knowledge of” or “willfully”
inchoate offenses always
Three categories
1. intention to commit some future act, separate from the actus reus of the offense
2. A special motive or purpose for committing the actus reus
3. Awareness of an attendant circumstance

Question 9

Transferred Intent

Answer 9

Intent transfers from intended victim to actual.
Unless: the crime takes into account identity of victim

Question 10

Malice

Answer 10

Does not require “wickedness”. Requires “actual intention to do the particular kind of harm that in fact was done” or “recklessness as to whether such harm should occur or not” (Regina)

Question 11

Strict Liability

Answer 11

Require no intent. Can apply to whole offense or specific elements (Garnett)

Question 12

Public Welfare Offenses

Answer 12

construe to not require mens rea (Stapes)
1. new crimes without common law precedent
2. low penalty or stigma
3. Regulate inherently dangerous activity (risk of harm obvious)
4. Produce diffuse, rather than individualized harm
5. Hard to prove mens rea in prosecutions
6. Malum Prohibitum (wrong bc prohibited), rather than Malum in se (wrong in it of itself) - more regulatory than condemnatory

Question 13

Common law crimes with strict liability for attendant circumstance

Answer 13

1. Sexual assault of a minor
2. Bigamy

Question 14

Strict liability in MPC?

Answer 14

NO. BUT
2.04: Any crime that imposes absolute liability for any material element of an offense constitutes a violation
A violation may only be punished by fine, forfeiture, and other civil penalties. Not a crime, no disability or legal disadvantages based on conviction (MPC. 1.04)

Question 15

Willful Blindness (CL)

Answer 15

Cannot typically avoid knowledge of something to avoid having requisite mens rea for crime (Nations)
1. Ostrich instruction
a. defendant believed that was a high probability that the fact was true AND
b. took deliberate steps to avoid confirming the truth or deliberately did not investigate in order to avoid the truth.

Question 16

Willful blindess (MPC)

Answer 16

When knowledge of the existence of a particular fact is an element of an offset, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist

Question 17

Mistake of fact CL

Answer 17

1. A mistake regarding behavior, result, or circumstance.
2. Specific intent can be negated by an honest (good faith) mistake. It does not matter if the mistake is unreasonable. (People v. Navarro)
3. General intent can be negated by an honest (good faith), and objectively reasonable mistake.

Question 18

Mistake of Fact MPC

Answer 18

Ignorance or mistake is a defense if:
1. The mistake negates the purpose, knowledge, belief, recklessness, or negligence required for a material element, or;
2. The law makes clear that mistake is a defense
3. Not available if the defendant would be guilty of another offense had the situation been as he supposed.

Question 19

Mistake of Law CL

Answer 19

1. Mistake regarding legality of conduct
2. Mistake of law is no excuse unless
   a. Such mistaken belief is founded upon an official statement of the law contained in a statute or other official interpretation of the law, notably not a lawyer’s explanation. (People v. Marrero)
   b. The statute makes knowing the law an element. (Cheek v. US)

Question 20

Due process mistake of law (Lambert)

Answer 20

1. The crime must be one of omission.
2. The crime must be a status crime, or malum prohibitum—meaning the defendant would have no way of guessing that she had an obligation to do something.
   The defendant had no notice of the law.

Question 21

MPC 2.03 mistake of law

Answer 21

A belief that conduct does not legally constitute an offense is a defense to a prosecution if
1. The statute is not known to the actor AND has not been published or otherwise made available. or
2. He acts in reasonable reliance upon an official statement of the law later determined to be wrong:
a. Statute, etc
b. A judicial decision
c. An administrative order
d. Official interpretation or public officer or body charged with interpreting, administering, or enforcing the law

Question 22

MPC 2.02 Purposely

Answer 22

1. If the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
2. If the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

Question 23

MPC 2.02 Knowingly

Answer 23

1. If the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that circumstances exists
2. If the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

Question 24

MPC 2.02 Recklessly

Answer 24

with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.

Question 25

MPC 2.02 Negligently

Answer 25

with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.

Question 26

If no mens rea listed? MPC

Answer 26

Purposely, knowingly, or recklessly (at least)

Question 27

if statute requires willfulness?

Answer 27

satisfied by knowingly standard