DiscussionNotesWeek7

DiscussionNotesWeek7 - Discussion Notes Week 7 Mens Rea...

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Discussion Notes Week 7 Mens Rea : scienter or intent requirement Model Penal Code (product of the American Law Institute—an organization of judges, lawyers, and law professors; purpose is to provide “restatements” of various subjects of the law that try to comprehensive state the law across jurisdictions as well as propose reforms; the MPC was developed from scratch and, while no state has completely adopted it, many states have been heavily influenced by its provisions) How do we know the intent of the offender? It is usually inferred from attendant circumstances and the composite picture developed by the evidence in the case MPC section 2.02 provides definitions for four possible mental states: 1. Purposely : A person acts purposely if it is his conscious object to engage in conduct of that nature or to cause such a result; with respect to attendant circumstances, if he is aware of the existence of such circumstances or he believes or hopes that they exist 2. Knowingly** : A person acts knowingly if he is aware that his conduct is of that nature or that such circumstances exist; with regard to the result of his conduct, if he is practically certain that his conduct will cause such a result 3. Recklessly : A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that the material element 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. 4. Negligently : A person acts negligently 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
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