Mens Reus

Question 1

Background Rules (MPC + CL)

Answer 1

1. a conditional purpose satisfies purpose so long as it does not negate the criminal purpose 2.02(6)
2. Transferred Intent: Intent to harm one victim and harm another will transfer, but crime to crime wont. Conley
3. Hierarchy of culpability: negligence – Recklessness – Knowledge – Purpose (MPC 2.02(5))

Question 2

Common Law Culpabilities

Answer 2

Purpose: conscious goal or awareness of circumstances (S)
Knowledge: awareness or practical certainty (S)
Recklessness: consciously disregarding a substantial risk (S
Negligence: Failing to consider risk a reasonable person would have been aware of (O)

Question 3

MPC Culpabilities Purpose

Answer 3

2.02(2)(a): Purpose
Conduct/Result elements: Defendant has the conscious object to engage in the conduct or cause the result.

Circumstance Elements: Defendant aware of circumstance or he believes or hopes they exist.

Question 4

MPC Culpabilities Knowledge

Answer 4

2.02(2)(b)
Conduct/Circumstance Elements: Defendant is aware of the nature of his conduct or that the circumstances exist.
Result Elements: Defendant is aware that it is practically certain that his conduct will cause the result.

Question 5

MPC Culpabilities Recklessness

Answer 5

All elements:
1. Defendant consciously deregards
2. A substantial and unjustifiable risk
3. That the material element exists/will result from his conduct.
4. Risk must be of such a nature
5. that when considering what he knew
6. the disregard is a gross deviation
7. from the conduct a law-abiding person would have obsevered
8. In the situation

Question 6

MPC Culpability Negligence

Answer 6

All elements: Defendant should be aware of a substantial and unjustifiable risk, and his failure to perceive it considering all known to him, is a gross deviation from what a reasonable person would have observed in the same position

Question 7

Common Law Specific Intent elements

Answer 7

Specific intent crimes:
1. With intent to commit a future act
2. With intent for a result to occur
(or with knowledge that result will occur)
3. With awareness of attendant circumstances
(Knowledge = purpose)
(if disregard for attendant circumstance is below knowledge, then its general intent)

Question 8

Common Law General Intent elements

Answer 8

1. For result crimes = recklessness or above
2. Conduct crimes = intent to do the thing (mimics voluntariness)
3. Attendant Circumstance (mistake of fact) = negligent mistake.

Question 9

Wilful Blindness MPC

Answer 9

MPC: 2.02(7): Knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it did not exist.

Question 10

Wilful Blindness CL

Answer 10

Nations
1. Subjectively believes there’s a high probability that the circumstance/fact exists (and)
2. They take deliberate actions to avoid learning it

Question 11

Statutory Interpretation 1

Answer 11

MPC 2.02(1) Except strict liability, a person is not guilty unless he acts with the law required culpability with respect to each material element of the offense.

Question 12

Statutory interpretation 2

Answer 12

MPC 2.02(3): When culpability for a material element of an offense is not prescribed by law, we read in recklessness.

Question 13

Statutory interpretation 3

Answer 13

MPC 2.02(4): culpability applies to all material elements of the offense unless a contrary purpose plainly appears.

• Some courts apply this forward and backwards, others apply it only forwards. (apply recklessness to the prior)
• A comma can break the chain of culpability
• Jurisdictional elements are not material.
• Does it make grammatical sense?
• Lenity Rule: tie goes to the defendant.

Moral Legal Wrong: If the action that you took is still immoral, mistake of fact is not a defense

Question 14

Categories of Strict Liability (CL /MPC)

Answer 14

1. Public Welfare
   - Character of the activity: Is it an abnormally dangerous activity?
   - Does it look like regulation (road safety or preventing a limited resource from being over exploited)
   - The penalty is not too high
2. Traditional Strict Liability
   - Statutory Rape – Moreira
   - Bigamy
   - Felony Murder

Question 15

Mistake of Fact (MPC/CL)

Answer 15

2.04(1): Ignorance or mistake as to a matter of fact or law is a defense if:
(a) the ignorance or mistake negates the mental state required to establish a material element of the offense.

Question 16

Mistake of Fact 2 (MPC + CL)

Answer 16

Subjective Culpabilities: Unreasonable mistake of fact negates culpability for Recklessness+
- Navarro (stealing beams from construction)

Objective Culpabilities: Only reasonable mistake of fact for Negligence.

Moral Legal Wrong: If the action that you took is still immoral, mistake of fact is not a defense.

Question 17

MOF (CL)

Answer 17

Specific intent = unreasonable MOF

General Intent Elements
Result = unreasonable MOF
Conduct Elements = no MOF
Attendant Circumstance = Reasonable MOF.

Question 18

MPC (MOF)

Answer 18

Recklessness + = unreasonable MOF

Negligence = reasonable MOF

Question 19

Lesser Legal Wrong (CL)

Answer 19

One who engages in a lesser illegal crime but is unaware that he is engaging in a greater crime can still be punished for the more severe crime.

Question 20

Lesser Legal Wrong (MPC)

Answer 20

Mistake is not a defense if the defendant would be guilty of another offense had the situation been as he supposed. In such case the mistake shall reduce the grade and degree of the offense, to that of the offense he would have been guilty of had the situation been as he supposed.
Pena (transporting coats not cocaine)

Question 21

Lesser legal wrong (MPC) out

Answer 21

1). Court can either convict of the lesser offense or
2). Convict of the crime they committed and reduce the grade and degree to the crime they thought they were committing. (the first is better) – MPC Unclear

Question 22

Mistake of Law (CL)

Answer 22

Mistake of the law is no defense unless:
1. You relied on an official interpretation of a statute by someone legally charged with enforcing it.
-Reliance must be reasonable

2. No Notice - Lambert
3. Statute Makes knowledge of the law an element
   -Cheek: “willfully evades taxes” – unreasonable mistake of law negates willfully.

Question 23

Mistake of Law (MPC)

Answer 23

MPC: 2.04(3)
A belief that conduct does not legally constitute an offense is a defense for that offense based upon conduct when:
(a) The statute or enactment containing the offense has not been made known to the actor and has not been published or reasonably been made available prior to the act. (or)

(b) He acts in reasonable reliance on an official statement of the law which is after determined to be erroneous if contained in:

1. Statute or other enactment
2. A judicial decision
3. An administrative order or grant of permission
4. An official interpretation of a public officer charged with responsibility for interpretation, administration, or enforcement of the law defining the offense.

Question 24

Mistake of Law 2 (MPC)

Answer 24

2.04(1)(a): mistake of law is a defense if negates the culpability required to establish a material element of the offense.