MPC

Question 1

Purpose

what is the definition of purpose?

Answer 1

“conscious object”; one acts purposely with respect to a given element of a crime if one is trying to do what the element describes

Question 2

Knowledge

What is the definition of knowingly?

Answer 2

awareness of a “practical certainty” of the relevant proposition - often indicated by “willfully”

Question 3

Reckless

what is the definition of reckless?

Answer 3

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

Question 4

Negligence

what is the definition of negligence?

Answer 4

when one should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct but is not aware

Question 5

Correspondence

Principle of correspondence

Answer 5

Each actus reus element requires a corresponding mens rea element (P, K, R, N).
* If only one mens rea element is provided, apply it to all elements

Question 6

Ostrich instruction

Answer 6

prevents people from being willfully blind to something; requirement of knowledge is satisfied by knowledge of a high probability. Awareness of a “high probability of its existence, unless he actually believes that it does not exist.”

Question 7

MPC

Can a mistake be a defense?

Answer 7

Mistake can be a defense ONLY if it “negates the purpose, knowledge, reckless, or negligence required to establish a material element of the offense.” however, ignorance of the law is not an excuse MPC 2.04(1)(a)

Question 8

What happens if a statute does not state a culpability?

Answer 8

recklessness is the default

Question 9

When is intoxication a defense?

Answer 9

only if it negates an element

Question 10

Murder MPC 210.2(1)(a)

Answer 10

killing purposely or knowingly

Question 11

Murder MPC 210.2(1)(b)

Answer 11

killing recklessly, with ‘extreme indifference to the value of human life’

Question 12

Manslaughter MPC 210.3(1)(b)

Answer 12

killing that would count as murder, except that D suffered ‘extreme mental or emotional disturbance’

Question 13

Manslaughter MPC 210.3(1)(a)

Answer 13

killing recklessly

Question 14

Negligent homicide MPC 210.4

Answer 14

killing negligently

Question 15

MPC: Ladder

Answer 15

Proof of a higher culpability standard can satisfy a statute’s call for any lower culpability standard.

Question 16

Element Analysis

Answer 16

MPC applies given intent standard to each element in a given crime. IE for theft, What mens rea for “take”, what for “property”, and what for “of another”

Question 17

Collateral Mental State

Answer 17

mental state that stands apart from the definition of the rest of the crime. Often called Defendants motive ie “with intent to commit a crime”

Question 18

purpose is satisfied even if…

Answer 18

purpose is conditional

Question 19

How to apply purposely to the actus reus elements

Answer 19

1. Conduct: conscious object to engage
2. Circumstance: believes or hopes circumstances exist
3. Consequence: conscious object to cause result

Question 20

How to apply knowingly to the actus reus elements

Answer 20

1. Conduct: awareness that conduct is of the nature
2. Circumstances: aware that the circumstances exist
3. Consequence: aware of the outcome

Question 21

How to apply recklessly to the actus reus elements

Answer 21

1. No application to conduct
2. Circumstance/Consequence: aware that conduct produces risk

Question 22

How to apply negligently to the actus reus elements

Answer 22

1. No application to conduct
2. Circumstance/Consequence: not aware that conduct produces risk, but should have been aware