MODULE 1 - MENS REA

Question 1

State of mind that, together with its accompanying conduct, the criminal law defines as an offense

Answer 1

MENS REA

Question 2

CULPABLE MENTAL STATES (MPC)

Answer 2

• intentionally (purposely)
• knowingly
• recklessly
• negligently

Question 3

CULPABLE MENTAL STATES (IL)

Answer 3

• intent
• knowledge
• recklessness
• negligence

Question 4

RECKLESSLY (MPC & IL)

Answer 4

when a person CONSCIOUSLY DISREGARDS A SUBSTANTIAL AND UNJUSTIFIABLE RISK that circumstances exist or that a result will follow and that DISREGARD constitutes a GROSS DEVIATION FROM THE STANDARD OF CARE that a reasonable person would exercise in the situation

Question 5

NEGLIGENTLY (MPC & IL)

Answer 5

when a person FAILS TO BE AWARE OF A SUBSTANTIAL AND UNJUSTIFIABLE RISK THAT CIRCUMSTANCES EXIST OR A RESULT WILL FOLLOW and that FAILURE constitutes a SUBSTANTIAL DEVIATION FROM THE STANDARD OF CARE that a reasonable person would exercise in the situation

Question 6

INTENTIONALLY (COMMON LAW)

Answer 6

• it is his DESIRE TO CAUSE the harm

- he acts with knowledge that the harm is VIRTUALLY CERTAIN TO OCCUR as a result of his conduct

Question 7

INTENTIONALLY (MPC)

Answer 7

• it is his CONSCIOUS OBJECT to engage in conduct of the prohibited nature or cause such a result (purposely)
• if the element involves the ATTENDANT CIRCUMSTANCES, he is aware of the existence of the circumstances or believes or hopes that they exist (knowingly)

Question 8

INTENTIONALLY (IL)

Answer 8

when a person acts to accomplish a prohibited result or engage in prohibited conduct when his CONSCIOUS OBJECTIVE OR PURPOSE is to accomplish that result or engage in that conduct

Question 9

KNOWINGLY (MPC & IL)

Answer 9

• he is aware that is conduct is of the prohibited nature or that those circumstances exist
• he is aware that the prohibited result is practically certain to be caused by his conduct

Question 10

Voluntary intoxication DOES NOT negate (common law and IL)

Answer 10

the required mens rea for crimes of general intent

Question 11

Voluntary intoxication DOES negate (common law and IL)

Answer 11

the required mens rea for crime of specific intent

Question 12

Voluntary intoxication (MPC)

Answer 12

a person is not guilty of an offense (they lacked the required mens rea)

Question 13

Exception to voluntary intoxication (MPC)

Answer 13

RECKLESSNESS - if defendant is unaware of a risk which he would have been aware if he was still sober, he is still reckless

Question 14

INVOLUNTARY INTOXICATION

Answer 14

a complete defense which must result from the ingestion of an intoxicating substance either without knowledge of its nature OR under direct duress imposed by another

Question 15

GENERAL INTENT

Answer 15

Requires mens rea to perform a prohibited act

Question 16

SPECIFIC INTENT

Answer 16

Requires mens rea to perform a prohibited act with premeditation or plan to do a further act

Question 17

STRICT LIABILITY

Answer 17

describes offenses with no mens rea (the act alone is sufficient for culpability)

Question 18

MISTAKE OF FACT

Answer 18

affects guilt only if it negates the required mental state (and must be objectively reasonable)

Question 19

MISTAKE OF LAW

Answer 19

when an individual acts in reasonable reliance upon an official - though erroneous - statement of the law from a court or public officer

Question 20

WHEN IS MISTAKE OF FACT A DEFENSE?

Answer 20

when the statute expressly states that knowledge of the illegality of conduct is an element of the offense