- Discussion Notes Week 7 Mens Rea scienter or intent requirement Model Penal Code(product of the American Law Institute-an organization of judges

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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 the nature and purpose of his conduct and the circumstances known to him,
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/02/2008 for the course LS 109 taught by Professor Kutz during the Spring '08 term at University of California, Berkeley.

Page1 / 3

- Discussion Notes Week 7 Mens Rea scienter or intent requirement Model Penal Code(product of the American Law Institute-an organization of judges

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online