MENTAL STATES – MENS REA

Mental State element in a crime- how legislatures use mental states to define and grade crimes .
MPC use of the words
Purpose-
Knowledge-
Recklessness-
Negligence-
Intent-
Absolute or Strict Liability

1- Functions of mental states

a. Distiongusihing criminal form non-cirminal conduct

Why do legislatures use mental state as an ingredient in defining crimes?

A defendant’s mental state is closely tied to our intuitive sense of blameworthiness.
Therefore form a retributive perspective, it makes sense to rely on mental state to
indicate conduct that is blameworthy and should be criminally sanctioned

b. Grading offenses

Mental state may be used to establish the relative blameowrthiness and severity of
punishment for crimes. The architecture of the law of homicide, is built on gradations of
mental state reguarding the vitims death.
MPC sets up homicide hierarchy as such
-those who kill with purpose or knowledge at the top
-those who kill recklessy just below murder /manslauthger
-negligent homicide

2- Sources of Difficulty- Mental state is a question of degree

Today the law recognizes a range of possible mental states that correlate with different
degrees of blameworthiness.

Multiple Mental States- example New York Burglary statute

It requires both knowledge about entering or remaining in a building and intent to
commit a crime.

Mental State Is Relational

1- It’s a question of degree
2- That crimes and criminals can have more than one mental state
3- That mental state is relational the level of sophistication and clarity in dealing with
these topics, though, still varies greatly from one legislature, judge, and lawyer to
the next.