Mens Rea
What are the types of mens rea under the model penal code
2.02 (2)
Purposely: their objective
Knowingly: practically certain
Recklessly: conscious disregard of a substantial and unjustifiable risk
Negligence: gross negligence, a person should be aware of an unjustifiable risk that is involved. The persons actions are a gross deviation from the standard of care a reasonable person would have
What is Actus Reus?
it is the physical or external act
Do words alone count as provocation within a common law perspective to justify manslaughter instead of murder?
What is no? they might be considered under the model penal code 210.2. But they must cause a reasonable person extreme emotional or mental disturbance.
What is the test of actual cause? (The cause in fact) example Velaquez v. States
What is the but for test? Under Model Penal Code 2.03 it is an antecedent but for which the result in question what not have occurred.
What is jury nullification? Name one case that discusses it or how the judicial system views it
What is when the state has meet their burden and proved all the elements, and the jury chooses not to convict
What is State v. Ragland
What is Jury's have the power and right to nullify, but they also have a duty to convict. Thus Judges do not instruct juries of this power, but if asked they will discusses this power.
What is specific intent and what is general intent
Specific intent is the intent that is required in the elements of a crime. Crimes that often have intents higher than just recklessness.
General intent is any mental state, it is not specifically define in the statue. Doing something will cause some sort of social harm. In some cases general intent is more like recklessness.
What is Actus Reus under the model penal code?
it is a voluntary act
What are the elements of (general) first degree murder?
What is willful, deliberate, and premeditated. Requiring malice aforethought. In some states a felony murder is also a first degree murder.
What is the legal cause, and what is the test? People v. Rideout
What is proximate cause. Is satisfied if the intervening cause was:
1). Intended or reasonable foreseeable2). And not too remote or accidentally as to fairly hold the defendant responsible
What is the rule of lenity, and where does it appear?
What is when the statues are vague and so were interpret the laws in the defendants favor. It only appears in common law. In the model penal code § 1.01 (2) addresses that statues are to be interpreted fairly.
What is mistake of fact (under the model penal code and common law) and how does the legal wrong doctrine apply to it?
Model Penal Code § 2.04:
Mistake of fact is a defense if the mistake negates the mens rea required to establish the elements of a crime or if the law allows for a defense based on a ignorance or mistaken state of mind.
Common Law:
General intent crimes: mistake can only be a defense is it is in good faith and is reasonable
Specific intent: mistake of facts can be a defense even if it is unreasonable.
Legal wrong doctrine is only under common law directly and model penal code indirectly.
Common law: if the defendants conduct as he believes them would still be a crime he can be charged with the more serious crime
Model penal code: you cannot argue mistake of fact if your mistake would have made you guilty of another crime, however you can reduce your sentence to the sentence the crime would have been if you hadn't been mistaken.
Julius Cesar was stabbed 23 times in front of multiple people. But none of the witnesses tried to stop his murder. Were the witnesses guilty of any crime if this occurred in the United States? What if this occurs in Minnesota?
No, omission to act is not a culpable act.
However in the state of Minnesota the witness would be guilty of a petty misdemeanor if they could have given reasonable assistance to Julius Cesar
What is the felony-murder rule? what is the agency approach?
What is allows anyone who is accused of committing a violent felony (think bulgary, sexual assault, arson, etc) to be charged with murder if the commission of that felony results in the death of someone.
What is allows for a felon to be charged with murder if the homicide was committed by one of the co-felons, committed in furtherance of the crime?
Billy the Kid was babysitting a child. The child died underneath his care due to an allergic reaction to gun power. Billy knew the child was allergic to gun power, and carelessly left out piles on the kitchen table. This contaminated the child's food, leading to the reaction.
Is this foreseeable?
What is yes. In order for something to be foreseeable to
What is the one theory of punishment that is not included in the model penal code?
Punitive (Lex Talionis)
§ 1.02 (2)
(ii) when possible with realistic prospect of success, to serve goals of offender rehabilitation, general deterrence, incapacitation of dangerous offenders, and restoration of crime victims and communities,
Under the common law when is mistake of law applicable?
1) if they reliance on an official statement of law from an official charged with interpretation of law
2) There is statutory protection against prosecution based on the reliance of a statute that did in fact authorize certain conduct and therefore the person should not be condemned
3) If the statue was not published
What does the criminal law presume about human behavior?
Presumes that most human behavior is voluntary and that individuals are consciously aware of their acts
The crime of passion defense challenges what?
What is challenges the mens rea element by suggesting that there was no malice aforethought, and instead the crime was committed in the "heat of passion.”’
If it was committed in the heat of passion as long as there was adequate provocation (not words) and no cooling off period a person can be convicted of manslaughter rather than murder.
What is proximate cause under the model penal code?
Under the model penal code § 2.03 proximate cause only kind of exists. Under 2 (b) an injury must not be too remote or accidental in its occurrence to have a bearing on the actors liability or the gravity of his offense. It only applies when an actor purposely or knowing caused a particular result that is an element of the offense.
During the war on drugs, there was one theory of punishment that was extremely prevalent. Bobby Sue Dickerson was arrested, charged and sentenced 50 years for meth possession. At the sentencing the Judge commented "this is only way to keep drug off the streets". What was the prevalent theory of punishment?
What is Utilitarianism, specifically what is incapacitation.
Rob and Lowe were kidnapping a man named Chris. While they were kidnapping him they shot and killed Chris's body guard. Under common law what Mens Rea would the state have to prove in order to convict Rob and Lowe with murder? Under the model penal code what Mens Rea would that state have to prove in order to convict Rob and Lowe?
Under common law, the state would not have to prove any Mens Rea because this crime would fall under the felony murder rule.
Under the model penal code the state has the element of recklessness but it is presumed if the act is engaged in the BARRKE crimes. However it is not technically a strike liability offense.
Bruton Gaster was driving his car when he was pulled over by the police. The officer who pulled him over had a K9 and when the dog approached the car it alerted to the presence of drugs. Bruton Gaster was charged with Possession of cocaine. When the case went to trial Bruton Gaster stated that he did not know his friend Shawn Spenstar has put cocaine in his car a hour earlier. What would happen under the model if the Jury believed Bruton?
The model Penal code § 2.01 (4) requires that a defendant has to be aware that they are in control of the item illegally posed and that they had sufficient time to terminate the possession. A person can not be guilty simply because they were found with the item. They had to have been aware of it and did not try to get rid of it.
In this case if the Jury believe Bruton he would not have the actus reus required for the crime and would likely be found not guilty.
Reasonableness of extreme emotional disturbance must be determined from what point of view? Under common law or the model penal code?
What is from the point of view of a reasonable person in the defendant’s situation under the circumstances as the defendant believed them to be.
What is under the model penal code 210.2 b
What is transferred intent and does it apply under the model penal code?
Transferred intent is when your intent goes across to the crime you actually commit. Under the common law if Chris wants to kill Chad and accidentally shoots Chanel his intent to kill Chad would transfer to killing Chanel.
The model penal code addresses this in § 2.03 (2)(a)
the actual result differs from that designed or contemplated as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused.
What are the five reasons under the model penal code that we have to make things criminal?
1). to forbid and prevent conduct that unjustifiably inflicts or threatens to inflict harm to individuals or to public interest
2). To subject public control on criminals
3). to safeguard conduct that is without fault from condemnation
4). To give fair warning about what is criminal
5). to differentiate on reasonable grounds between what is serious and what is minor