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Mens Rea

Actus non facit reum nisi mens sit rea.



An act does not create guilt unless the
mind be guilty.
Mens Rea Culpability v.
Elemental
culpability definition: guilty mind, vicious
will, immorality of motive, morally culpable
state of mind.

elemental definition: the mental state the
defendant must have with respect to the
social harm elements set out in the
definition of the offense.
Specific v. General Intent Crimes
Most common way to distinguish:

General intent means (roughly) the intent to commit a given act and/or
cause a certain result with a blameworthy state of mind.

Specific intent means intent to commit the act with:
1. The further intent to cause some specific harm;
2. The further intent to commit some additional criminal act; or
3. Awareness of an attendant circumstance.
Examples
Larceny: trespassory taking and carrying away of the
personal property of another with the intent to steal the
property.

Rape: sexual intercourse by a male with a female not his
wife, without her consent.

Intentional receipt of stolen property, with knowledge it is
stolen.

Burglary: Breaking and entering the dwelling house of
another at night with the intention to commit a felony therein.

Model Penal Code 2.02
(1) Minimum Requirements of
Culpability.

Except as provided in Section 2.05, a
person is not guilty of an offense unless
he acted purposely, knowingly,
recklessly or negligently, as the law
may require, with respect to each
material element of the offense.

Model Penal Code 2.02
(2) Kinds of Culpability Defined.

(a) Purposely.


A person acts purposely with respect to a material element of an
offense when:

(i) 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

(ii) if the element involves the attendant circumstances, he is aware
of the existence of such circumstances or he believes or hopes that
they exist.

Model Penal Code 2.02
(b) Knowingly.


A person acts knowingly with respect to a material
element of an offense when:

(i) 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 such circumstances exist; and

(ii) 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.

Model Penal Code 2.02
(c) Recklessly.


A person acts recklessly 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.
Model Penal Code 2.02
d) Negligently.


A person acts negligently 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.

Model Penal Code 2.02
(3) Culpability Required Unless Otherwise Provided. When the culpability
sufficient to establish a material element of an offense is not prescribed by
law, such element is established if a person acts purposely, knowingly or
recklessly with respect thereto.

(4) Prescribed Culpability Requirement Applies to All Material Elements.
When the law defining an offense prescribes the kind of culpability that is
sufficient for the commission of an offense, without distinguishing among
the material elements thereof, such provision shall apply to all the material
elements of the offense, unless a contrary purpose plainly appears.

(5) Substitutes for Negligence, Recklessness and Knowledge. When the
law provides that negligence suffices to establish an element of an offense,
such element also is established if a person acts purposely, knowingly or
recklessly. When recklessness suffices to establish an element, such
element also is established if a person acts purposely or knowingly. When
acting knowingly suffices to establish an element, such element also is
established if a person acts purposely.

Model Penal Code 2.02

(7) Requirement of Knowledge Satisfied by Knowledge of High
Probability. When knowledge of the existence of a particular fact is
an element of an offense, 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.

(8) Requirement of Wilfulness Satisfied by Acting Knowingly. A
requirement that an offense be committed wilfully is satisfied if a
person acts knowingly with respect to the material elements of the
offense, unless a purpose to impose further requirements appears.

(9) Culpability as to Illegality of Conduct. Neither knowledge nor
recklessness or negligence as to whether conduct constitutes an
offense or as to the existence, meaning or application of the law
determining the elements of an offense is an element of such
offense, unless the definition of the offense or the Code so provides.

Model Penal Code 2.03
(2) When purposely or knowingly causing a particular result
is an element of an offense, the element is not
established if the actual result is not within the purpose
or the contemplation of the actor unless:

(a) the actual result differs from that designed or
contemplated, as the case may be, only in the respect
that a different person or different property is injured or
affected or that the injury or harm designed or
contemplated would have been more serious or more
extensive than that caused;
MPC 2.02 hypo #1
Stinneford sees his worst enemy (WE) walking down the
street, and decides that it is time to end it. He pulls out
an arrow, douses it in gasoline, lights it on fire, and
shoots it at WEs heart. What is Stinnefords mens rea
regarding killing WE?

a. Purposeful
b. Knowing
c. Reckless
d. Negligent
e. None of the above
MPC 2.02 hypo #2
Same facts as before, except WE is standing in front of a
big bulls-eye target, and Stinneford is engaging in
target practice. Stinneford shoots the flaming arrow,
knowing that it is virtually certain to kill WE but hoping
that it will pass harmlessly through WEs chest hit the
target. Stinnefords mens rea regarding WE?

a. Purposeful
b. Knowing
c. Reckless
d. Negligent
e. None of the above
MPC 2.02 hypo #3
Same facts as before, except that Stinneford
absolutely believes that his flaming arrow is
magic, and that it will steer itself around WE
and hit target. Stinnefords mens rea
regarding killing WE?

a. Purposeful
b. Knowing
c. Reckless
d. Negligent
e. None of the above
MPC 2.02 hypo #4
Same facts as hypo #1, except that Human Shield
(HS) is standing between Stinneford and WE.
Stinneford shoots the arrow, believing that it
will pass harmlessly through the chest of HS
and kill WE. If HS dies, of what kind of
homicide can Stinneford be convicted?

a. Purposeful
b. Knowing
c. Reckless
d. Negligent
e. None of the above
MPC 2.02 hypo #5
Same facts as above, except that Stinnefords
flaming arrow misses both WE and HS and
hits the wooden building behind them, which
burns down. Can Stinneford be convicted of
arson, which is defined as purposely or
knowingly burning down a building?

a. Yes
b. No
MPC 2.02 hypo #6
Same facts as #1, except that when the
arrow hits WE, it gravely injures but does
not kill him. Can Stinneford be charged
with aggravated battery, defined as
intentionally causing grave bodily injury?

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