Actus Reus & Mens Rea

Question 1

What is a Conduct Element

Answer 1

Particular kind of conduct for the crime to happen

*Purposefully set fire (conduct) to the property of another (circumstance) causing $5000 or more of damage (result oriented)

Question 2

What is a Result Element

Answer 2

“causing” (“generating” or “producing”)

*Purposefully set fire (conduct) to the property of another (circumstance) causing $5000 or more of damage (result oriented)

Question 3

MPC Recklessly (and CL)

Answer 3

Consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.

• Awareness of the risk
• Was defendants disregard of the risk involved a gross deviation from the standards of conduct that a law-abiding person would have observed in the actor’s situation
• Jury asked to: (1) examine risk and factors related to substantiality and justifiability (2) failure to perceive risk justifies condemnation?

Question 4

MPC Knowingly

Answer 4

A person knowingly causes a result if she is aware that the result is “practically certain” to result from the conduct.

Question 5

MPC Purposely

Answer 5

A person acts purposely with respect to a material element of an offense when it is their conscious object to cause that result. (basically caused it, wishes it to happen, believe it will happen).

Question 6

MPC Negligently

Answer 6

A person acts negligently when he should be aware of a substantial and unjustifiable risk. This is a risk that constitutes “a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.”

Question 7

What is a Circumstance Element

Answer 7

Purposefully set fire (conduct) to the property of another (circumstance) causing $5000 or more of damage (result oriented)

Question 8

CL Specific Intent

Answer 8

(1) It was the conscious object to cause the result
OR
(2) Knew that the harm was virtually certain to occur as the result of the conduct

Question 9

CL General Intent - Conduct Elements

Answer 9

D must show a conscious awareness - would be a “voluntarily conduct act”

Question 10

CL General Intent - Circumstance Elements

Answer 10

“honest and reasonable” belief - prosecutor must show that D held an unreasonable belief beyond a reasonable doubt

Question 11

CL General Intent - Result Elements

Answer 11

“honest and reasonable” belief - prosecutor must show that D held an unreasonable belief beyond a reasonable doubt

Question 12

Strict Liability

Answer 12

no challenges to mens rea allowed. If you break a strict liability law you are responsible. Assume a mens rea is read into a law unless legislature explicitly stated it is a strict liability crime

Morissette v. US: D broke this law when gathering scraps on gov land: (1) convert (take for one’s own use) equipment (2) that is government property; Here, D argues that it was not gov prop because he thought it was abandoned. No Mens rea argument can be raised here though -> it is a strict liability crime so no mens rea defense allowed.

Question 13

Intoxication

Answer 13

Not a defense, other than SI portion of crimes

• Common Law: State v. Cameron: Can only use intoxication as a defense in specific intent crimes and only to the intent portion of those crimes
• Involuntary intoxication: if someone forces you to become drunk/drugged
• Voluntary intoxication: you voluntarily took drugs/alcohol

Question 14

Intoxication MPC

Answer 14

Intoxication CAN negate the mens rea EXCEPT for recklessness:
For reckless intoxication, when recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial