Mens rea

The mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act... [more]

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Mens Rea

Written by krisnelson on

From: lawschool.ekris.org

MPC levels of culpability:

Purposeful
Knowing
Reckless: know vs. should have known
Negligent: different than tort negligence, must be gross deviation

Three questions for every statute:

1. GI or SI? (less important in MPC)
2. Level dimension (what is the level of mens rea: P, K, R or N?)
3. Object dimension (to which elements does M/R attach?)

State v. Perry

College student in MN, lived in dorm, would get dressed in front of window (didn't close blinds), seen by passer's-by
Charged with indecent exposure.
Found guilty by trial court of intentional exposure, overturned on appeal by supreme court of the state due to lack of appropriate mens rea (specific intent, in this case).

Act must be "intentional, willful, and lewd."
But dissent finds it difficult to believe the lack of intent (purposeful or knowing), based on the circumstances.

Extra requirement of specific intent.

Extra-special mental element required for the particular crime.
In this case, special intent to be lewd.
In contrast to the general intent (the mental state associated with the crime)

United States v. Villegas

Vials of blood washed up on the shoreline.
General intent level of culpability:

"Knowing" = "substantial certainty"/"practical certainty"
Subjectively understood by defendant
Sometimes "high probability" standard tends to be used about knowledge at the time of the crime (that something was actually drugs, etc.)

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