chapter 5 mens rea. lippman, contemporary criminal law, second edition chapter summary what is mens...
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Chapter 5Chapter 5
Mens ReaMens Rea
Lippman, Contemporary Criminal Law, Second Edition
Chapter SummaryChapter Summary
What is What is mens reamens rea?? Criminal IntentCriminal Intent Strict LiabilityStrict Liability ConcurrenceConcurrence CausationCausation
Lippman, Contemporary Criminal Law, Second Edition
IntroductionIntroduction Mens reaMens rea is criminal intent. is criminal intent. Required for a crime to occur.Required for a crime to occur. Must be paired with Must be paired with actus reusactus reus Both the act and intent must be proved Both the act and intent must be proved
beyond a reasonable doubt for a beyond a reasonable doubt for a conviction in court.conviction in court.
Intent is required to hold accountable Intent is required to hold accountable only individuals who are “morally only individuals who are “morally blameworthy”blameworthy”
A.K.A. A.K.A. scienterscienter, guilty knowledge, guilty knowledge
Lippman, Contemporary Criminal Law, Second Edition
Criminal IntentCriminal Intent
Three reasons for prosecuting the Three reasons for prosecuting the “morally blameworthy”“morally blameworthy” hold defendants responsible for their hold defendants responsible for their
actsacts deter future criminal actsdeter future criminal acts allows punishment to be proportional to allows punishment to be proportional to
the crime committedthe crime committed
Lippman, Contemporary Criminal Law, Second Edition
Criminal Intent, cont.Criminal Intent, cont.
Common law provided two Common law provided two categoriescategories general: intent to carry out an actgeneral: intent to carry out an act specific: intent to carry out an act with specific: intent to carry out an act with
specific resultsspecific results Specific intent crimes are referred Specific intent crimes are referred
to crimes of cause and resultto crimes of cause and result
Lippman, Contemporary Criminal Law, Second Edition
Criminal Intent, cont.Criminal Intent, cont.
Transferred IntentTransferred Intent an individual intends to cause harm to an individual intends to cause harm to
one person and injures anotherone person and injures another Constructive IntentConstructive Intent
an individual acts in a grossly and an individual acts in a grossly and wantonly reckless mannerwantonly reckless manner
Lippman, Contemporary Criminal Law, Second Edition
Model Penal CodeModel Penal Code
Four types of intentFour types of intent purposelypurposely knowinglyknowingly recklesslyrecklessly negligentlynegligently
Lippman, Contemporary Criminal Law, Second Edition
Strict LiabilityStrict Liability
An offense that does not require An offense that does not require intentintent
Only an act is requiredOnly an act is required Strict liability offenses posses a Strict liability offenses posses a
danger to a large number of people.danger to a large number of people.
Lippman, Contemporary Criminal Law, Second Edition
Strict Liability, cont.Strict Liability, cont.
The risk of convicting an innocent is The risk of convicting an innocent is outweighed by the public interest in outweighed by the public interest in preventing social harm.preventing social harm.
Punishments are relatively minor. Punishments are relatively minor. Convictions do not harm defendants’ Convictions do not harm defendants’
reputation.reputation. Acts that most people avoid Acts that most people avoid Those that do engage in these acts Those that do engage in these acts
usually do possess criminal intent.usually do possess criminal intent.
Lippman, Contemporary Criminal Law, Second Edition
ConcurrenceConcurrence
The link required between the The link required between the criminal act and intentcriminal act and intent
Must be proved beyond a Must be proved beyond a reasonable doubtreasonable doubt
Chronological ConcurrenceChronological Concurrence intent must exist at the same time as intent must exist at the same time as
the actthe act
Lippman, Contemporary Criminal Law, Second Edition
Legal EquationLegal Equation
Lippman, Contemporary Criminal Law, Second Edition
CausationCausation
The criminal act must cause a The criminal act must cause a particular harm or result.particular harm or result.
Must be proved beyond a Must be proved beyond a reasonable doubtreasonable doubt
Important to ensure individual Important to ensure individual responsibilityresponsibility
Important to ensure fairness of Important to ensure fairness of punishmentpunishment
Lippman, Contemporary Criminal Law, Second Edition
Causation, cont.Causation, cont.
The act must be the cause is fact of the The act must be the cause is fact of the harmharm the “but for” testthe “but for” test
OR the act must be the legal or OR the act must be the legal or proximate cause of harmproximate cause of harm
Intervening causes of harm may remove Intervening causes of harm may remove responsibility from the defendant.responsibility from the defendant. coincidental intervening actscoincidental intervening acts responsive intervening actsresponsive intervening acts
Lippman, Contemporary Criminal Law, Second Edition
Legal EquationLegal Equation
Lippman, Contemporary Criminal Law, Second Edition
Legal EquationLegal Equation