my outline - MENS REA The mental part of the crime, where...

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MENS REA The mental part of the crime, where it must be proven that the ∆ committed each material element of the crime in question with a particular state of mind – either specific or general intent Definition : culpable state of mind, could manifest through knowledge, intent or recklessness o Intent is the desire to cause the consequences of the crime and practical certainty that the crime will occur o General intent crimes have more that one way in which to prove (or form) the intent requirement for the crime, aware of act being committed, not result oriented (rejected by MPC) Mens rea of unlawful (intentional or reckless) Can be committed either recklessly OR intentionally Never negated by voluntary intoxication Murder (implied malice); types: Arson Assault Battery Mayhem Rape o Specific intent crimes have only one way to prove required intent (intoxication, voluntary or involuntary, can negate the intent needed for a specific intent crime), actor has specific purpose, attempting to accomplish a specific result (rejected by MPC) Mens rea of intent Can never be committed recklessly Negated by voluntary intoxicated (unable to form specific intent) Intent to commit a felony: Accomplice liability Assault Attempt Burglary Complicity (crimes in general) Conspiracy Embezzlement Larceny M1 Robbery Solicitation Voluntary Manslaughter ** Strict Liability: doing act prohibited by statute; does not require particular mental state; like selling liquor to a minor.
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o Wanton or Reckless is where the actor failed to appreciate the substantial and unjustifiable risk that the crime would occur o Strict Liability has no defense against mens rea, crime besides murder w/o mens rea (ex: FM) Regulatory crime – strict liability unless punishment in violation of due process Ex: carry loaded weapon in public place, unaware that weapon loaded, found guilty even though had no mens rea b/c involved issue of public safety Steps to strict liability 1. Is crime Common Law or Regulatory o If Common Law (theft, murder…) mens rea required – no strict liability o If Regulatory crime – no mens rea needed, strict liability 2. Examine gravity of punishment o If punishment is disproportionate to crime, due process may be violated 3. If mens rea absent from statute, statute must be examined to see if silent mens rea required * CA Common Law : Specific intent combines penal code elements of purpose and knowledge; the person had intent to specifically cause the harm and knew the result was practically certain to occur * MPC : No use for general and specific intent b/c not enough flexibility to make distinctions. Use mens rea terms from highest to lowest level of culpability Knowingly – aware of conduct, circumstances, and certain of result (but may not intend a specific outcome)
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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my outline - MENS REA The mental part of the crime, where...

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