Mens Rea

I) Specific v. General Intent

A) MPC only allows for general intent
Strict Liability
I) If there is no mens rea requirement, you can apply any of the four mens rea elements
Homicide
Defenses
I) Justifications:
A) Mistake of Fact: Elemental approach to mistake of fact; Defendant is not guilty of the
offense if he lacks the requisite mens rea for any element of the offense
1) This is because MPC is very focused on the mental state; thus mental state must apply
to every aspect of the crime
(a) Therefore, if there is a mistake in regards to any of the mental elements of the
crime, removes culpability
2) Does not differentiate between specific and general intent.
B) Mistake of Law: Considers what is in the defendant’s head; does not matter if mistake is
unreasonable; Can use when:
1) Reasonable Reliance: Official statement of the law; in an official order or decision by
an authority responsible of the interpretation, administration or enforcement of the
law AND the reliance is otherwise reasonable
2) Fair Notice Where:
(a) The defendant believes her conduct is not illegal and the statute defining the
offense was not known to her. Further, the statute was not published or otherwise
made reasonably available before the violation
3) Mistake Negates Mens Rea because of a different law mistake or when the offense
specifically requires knowledge of the law
C) Necessity/Choice of Evils:
II) Excuses:
A) Duress:
1) Human threat
2) Threat must be unlawful force upon D or another (does not need to be serious bodily
harm or death)
3) defendant is compared with person of reasonable firmness in the Defendant’s
situation re the will being overpowered
4) Threat need not be imminent, can be as a result of prior force (would work in the case
of Contento Pachon)
5) Defendant must not have gotten himself in the predicament
6) Available in cases of murder
B) Intoxication:
1) Voluntary: Voluntary intoxication as a defense to negate the mens rea in any crime,
but also allows for the voluntary intoxication to serve as evidence of recklessness
2) Involuntary:
C) Insanity:
1) ALI/MPC Approach: A person is not responsible for criminal conduct if at the time of
such conduct as a result of mental disease or defect he lacks substantial capacity
either to:
(a) Appreciate the criminality [wrongfulness] of his conduct OR
(b) To conform his conduct to the requirements of the law
 More focused on mens rea and gives a broader understanding and definition
(Does not require complete impairment; includes BOTH volitional and
cognitive compenents)
 2nd strongest test