Define these four MPC types of mens rea a Purpose b Knowledge c Recklessness d

Define these four mpc types of mens rea a purpose b

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4.Define these four MPC types of mens rea: a.Purpose:b.Knowledge:c.Recklessness:d.Culpable Negligence: 5. What distinguishes a. Purpose from Knowledge? b. Knowledge from Recklessness? c. Recklessness from Gross Negligence? d. Gross Negligence from ordinary civil negligence? 6. What is the difference between Motive and Purpose (intent)?
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7. What is the difference between general intent (general MR) and specific intent (specific MR)? 8. What easiest way to identify a specific intent element? 9. What is meant by transferred intent? 10. When would a prosecutor have to rely on a theory of Willful Blindness? c. When the mens rea element of the crime is: d. When D asserts that: 11. What are the best evidence a D was willfully blind?
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Strict Liability and Mistake 1. What is the ‘conviction equation’ a strict liability offense? 2. Why will a court ‘presume’ that unless clearly indicated by the statute, a crime carrying a penalty of confinement requires proof of some mens rea ? 3. In the Garnett case, why did the court prohibit introduction of evidence indicating the victim deceived the defendant as to her age? 4. If you could amend the statute Garnett violated in a way that would make such evidence relevant, how would you do so? WRITE YOUR AMENDMENT: 5. Is a mistake of fact or law an affirmative defense or an element “blocking” defense? 6. If mistake is raised to block proof of mens rea , what party bears the: a. The burden of production? b. The burden of persuasion? 7. Why does the Sexton court emphasize that it essential to identify the nature of the mens rea (specific v. general intent, or purpose, knowledge, recklessness, or negligence) element “attacked” by the alleged mistake? a. What is the effect of an honest (good faith) mistake that is objectively unreasonable? i. When proof of specific intent (purpose or knowledge) is required? ii. When proof of general intent (recklessness or gross negligence) is required? b. What is the effect of an honest and objectively reasonable mistake? i. When proof of specific intent (purpose or knowledge) is required? ii. When proof of general intent (recklessness or gross negligence) is
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8. What was the alleged mistake of fact in Sexton and why did the defense believe: a. It prevented PBRD of murder? b. It negated PBRD of reckless manslaughter? 9. Why was the instruction issued by the court in the Navarro case (cited in Sexton) improper? 10. What is the common law “maxim” related to mistake of law? 11. When will mistake of law be effective as a defense? a. Estoppel theory/Detrimental Reliance: b. When knowledge of the law is a specific intent element of the offense (Weiss): 12. Why did the court reject Morrero’s mistake of law defense discussed in note 4 on p. 188?
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Causation 1. What are the two components of proving D’s act or omission was the legal cause of the criminally prohibited outcome?
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  • Spring '10
  • SUSANW.CRUMP
  • Test, criminal law

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