Chapter 5 Mens Rea

Chapter Summary What is mens rea? Criminal Intent Strict Liability Concurrence Causation Lippman, Contemporary Criminal Law, Second Edition

Introduction Mens rea is criminal intent. Required for a crime to occur. Must be paired with actus reus Both the act and intent must be proved beyond a reasonable doubt for a conviction in court. Intent is required to hold accountable only individuals who are “morally blameworthy” A.K.A. scienter, guilty knowledge Lippman, Contemporary Criminal Law, Second Edition

Criminal Intent Three reasons for prosecuting the “morally blameworthy” hold defendants responsible for their acts deter future criminal acts allows punishment to be proportional to the crime committed Lippman, Contemporary Criminal Law, Second Edition

Criminal Intent, cont. Common law provided two categories general: intent to carry out an act specific: intent to carry out an act with specific results Specific intent crimes are referred to crimes of cause and result Lippman, Contemporary Criminal Law, Second Edition

Criminal Intent, cont. Transferred Intent Constructive Intent an individual intends to cause harm to one person and injures another Constructive Intent an individual acts in a grossly and wantonly reckless manner Lippman, Contemporary Criminal Law, Second Edition

Model Penal Code Four types of intent purposely knowingly recklessly negligently Lippman, Contemporary Criminal Law, Second Edition

Strict Liability An offense that does not require intent Only an act is required Strict liability offenses posses a danger to a large number of people. Lippman, Contemporary Criminal Law, Second Edition

Strict Liability, cont. The risk of convicting an innocent is outweighed by the public interest in preventing social harm. Punishments are relatively minor. Convictions do not harm defendants’ reputation. Acts that most people avoid Those that do engage in these acts usually do possess criminal intent. Lippman, Contemporary Criminal Law, Second Edition

Concurrence The link required between the criminal act and intent Must be proved beyond a reasonable doubt Chronological Concurrence intent must exist at the same time as the act Lippman, Contemporary Criminal Law, Second Edition

Legal Equation Lippman, Contemporary Criminal Law, Second Edition

Causation The criminal act must cause a particular harm or result. Must be proved beyond a reasonable doubt Important to ensure individual responsibility Important to ensure fairness of punishment Lippman, Contemporary Criminal Law, Second Edition

Causation, cont. The act must be the cause is fact of the harm the “but for” test OR the act must be the legal or proximate cause of harm Intervening causes of harm may remove responsibility from the defendant. coincidental intervening acts responsive intervening acts Lippman, Contemporary Criminal Law, Second Edition

Legal Equation Lippman, Contemporary Criminal Law, Second Edition

Legal Equation Lippman, Contemporary Criminal Law, Second Edition