Mens Rea: Mens Rea Term Miscellaneous Common Law Mens Rea

MENS REA
MENS REA TERM DEFINITION MISCELLANEOUS

Common Law Mens Rea
The older, broad, offense level understanding that has evolved
Offense Level—rea tries to capture the blameworthiness of the overall conduct into a more modern, narrow element level understanding, though
that resulted in a criminally punishable harm. both are still used today.
Mens Rea Element Level—looks at the mental state that statutes or judicial decisions assign A person could be culpable (broad/offense level) but lack the
to each element of a criminal offense. required mental state for the offense (narrow/element level).
A person intentionally causes the social harm of an offense if

(1) it is his desire (his conscious object) to cause the social harm, i.e. purposefully
Transferred Intent: The law transfers the actor’s state of mind
cause the harm, or
Intentionally (2) he acts with knowledge that the social harm is virtually certain to occur as a
regarding the intended victim to unintended one.
The mens rea follows the social harm.
result of his conduct (isn’t met if it’s merely “highly probably” – must be almost
for sure)
Controversial 3rd option: willful blindness – if the actor (1)

believes that there is a high probability that the fact exists, and
Requires the actor (1) is aware of a material fact, an attendant circumstance, or
Knowingly (2) correctly believes that the fact exists
(2a) takes deliberate action to avoid confirming the fact, or (2b)
purposely fails to investigate in order to avoid the confirmation of
the fact
Has many meanings and sometimes is a synonym of intentional

One meaning: “an act done with a bad purpose” or with “an evil motive”
Willfully Others: “intentional violation of a known legal duty” or “a purpose to disobey the
Often irrelevant which meaning is used because it reaches the
law”
same result, but it can matter sometimes
Objective = “unjustifiable”
Recklessness the actor disregarded a substantial and unjustifiable risk of which he was aware
Subjective = “was aware”
A gross deviation from the standard of care that a reasonable person would have
observed in the actor’s situation Reasonable Person? constant pressure to add subjectivity into it.
Traditional rule: a def’s unusual physical characteristics, if relevant
Negligence Must be a gross deviation for criminal liability—person takes a substantial and to the case, are incorporated, but def’s mental characteristics
unjustifiable risk of causing the social harm (PL far outweighs B) aren’t
In non-homicide cases, a person acts with malice if he intentionally or recklessly —Today, it’s rarely used to mean “wickedness” or “ill-will” or
Malice causes the social harm prohibited by the offense “spite”
—Has a more complicated meaning w/r/t homicide
Historical Meaning: referred to any offense for which the only
mens rea required was a blameworthy state of mind (proof of
General Intent Modern Meaning: essentially offense level mens rea
offense level mens rea)
Modern Meaning: (1) the crime requires proof that the actor’s conscious object,
or purpose, is to cause the specific social harm, or (2) the crime requires proof of Historical Meaning: was meant to emphasize that the definition of
Specific Intent an intention by the actor to perform some future act or achieve some further the offense expressly required proof of a particular (specific)
consequence, beyond the conduct or result that constitutes the social harm of mental state (proof of elemental level mens rea)
the offense
MPC Mens Rea (2.02)

Results/Conduct Definition: actor’s conscious object is to engage in conduct of
that nature or to cause such a result.
A mental state comparable to only the first common law definition – 2.02(b): if there’s a conditional purpose (I’ll shoot you unless you
Purpose acting with purpose to give me your car), the mens rea is just purpose—the condition is
Att. Circumstance Definition: actor is aware of the existence of such ignored
circumstances or believes or hopes that they exist
Intent can be satisfied by knowledge, or by subjective belief or desire.
Attendant Circumstances: knowledge is established if a person is

Results Definition: the actor is aware that it is practically certain that his conduct
aware of a high probability of the attendant circumstance’s
will cause such a result
Knowledge Conduct/AC Definition: the actor is aware that his conduct is of that
existence, unless he actually believes that is does not exist (meant
to deal with willful blindness issue – controversial provision b/c it
nature or that such attendant circumstances exist
can make K closer to R, and even allow omission liability)
A risk is “substantial and unjustified” if, considering the nature and

A person consciously disregards a substantial and unjustified risk that the
Recklessness material element exists or will result from his conduct
purpose of the actor’s conduct and circumstances known to him, it
is a gross deviation from the standard of a law-abiding person
“substantial and unjustified” is the same as for recklessness but

sub-in “reasonable person” for “law-abiding person”
the person should be aware of a substantial and unjustifiable risk that the
Negligence material element exists or will result from his conduct Reasonable/Law-Abiding Person: The reasonable person as
defined by the MPC is someone in the same situation as the actor,
with similar physical traits.
Hereditary and mental traits are not considered

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MENS REA

MENS REA TERM DEFINITION MISCELLANEOUS

A person intentionally causes the social harm of an offense if

Controversial 3rd option: willful blindness – if the actor (1)

Has many meanings and sometimes is a synonym of intentional

MPC Mens Rea (2.02)

Attendant Circumstances: knowledge is established if a person is

A risk is “substantial and unjustified” if, considering the nature and

“substantial and unjustified” is the same as for recklessness but

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