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?