Mens Rea Mpc Framework Outline

Mens Rea: The MPC Framework

Mens Rea Framework

• MPC 2.02 > focus on subjective blameworthiness (retributive concerns)

  • Divides statute into material elements

    • Conduct (verb)

    • Attendant circumstances

    • Result (consequence)

  • 2.01(2) - four levels of culpability

  • 2.01(2)(a) - purposely (with intent)

    • It is D's conscious object to engage in the conduct or create the result; awareness that the attendant circumstances exist or believe or hope they exist

  • 2.01(2)(b) - knowingly (willful = knowingly 2.02(8))

    • D is aware that it is practically certain that conduct will cause result, aware of the nature of the conduct and aware that the attendant circumstances exist

    • Includes willful blindness

  • 2.01(2)(c) - recklessly (maliciously)

    • D consciously disregards a substantial (subjective) and unjustifiable (objective) risk that he is engaging in this conduct, that the attendant circumstances exist, or that conduct will lead to result

    • Risk must be of a nature/degree that its disregard is a gross deviation from the standard of conduct of reasonable actor in the same circumstances (subjective awareness standard)

  • 2.01(2)(d) - negligently (criminal negligence)

    • D should have known of a substantial and unjustifiable risk that he is engaging in this conduct, that the attendant circumstances exist, or that conduct will lead to result

    • Risk must be of a nature/degree that failure to perceive is a gross deviation from the standard of conduct of reasonable actor in the same circumstances (reasonable person/objective standard/criminal negligence standard)

• When MR is unclear -

  • 2.02(3) default rule: If statute is silent on MR or MR doesn't apply to an element, apply default of recklessly (unless SL)

  • 2.02(4) default rule: MR term applies to all material terms

    • Exception 1: statute distinguishes between the material terms (the MR term does not travel through)

      • Look at sentence structure, grammar, conjunctions, punctuation, legislative history/intent

        • Ex. Commas breaking up, two independent clauses > not travel

        • Ex. Commas breaking up a continuous sentence > travel

        • Ex. Adverb only modifies verbs not nouns > not travel

    • Exception 2: a contrary purpose plainly appears

      • if made to look like purposefully separate element (set off by commas, etc.)

      • if MR term not mentioned in beginning of statute but next to a later element

      • OR contrary purpose in another part of the statute (ex. Olson: mistake about age has a negligent mens rea elsewhere in the statute)

      • Some argue that contrary purpose can include legislative...

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