COMMON LAW AND MPC MENTAL STATES

MBE Pointer: It appears that the MBE tends to test more on the following crimes: homicide, burglary,
robbery, and larceny (including its derivatives). Arson, battery, and rape may show up as well. Other crimes
are listed here, in case they are tested.

Specific Intent General Intent Malice Strict Liability

Solicitation Any crime that is not a Common law murder “No intent crimes”;
Conspiracy specific intent, malice, or (also known as second usually these crimes are
Attempt strict liability crime degree murder or to protect certain public
First-degree murder depraved heart murder) policy goals
Assault Battery Arson
Larceny Rape Statutory rape
Embezzlement False Imprisonment Corrupting the morals
False Pretenses Kidnapping of minors
Robbery
Burglary
Forgery

Common Law Crime Classification vs. MPC States of Mind

Common Law Classification MPC States of Mind
(MBE default) (modern day practice; may come up on the
MBE)

Specific Intent: Purposely:

Defendant had the intent to engage in unlawful Acting with the conscious objective to engage in
conduct (subjective test) certain conduct or cause a certain result

Note: Additional defences are available that relate

to the intent of that crime (voluntary intoxication and
mistake of fact)

General Intent: Knowingly:

Defendant had a general awareness that the Acting with the awareness that the conduct will
conduct would be prohibited by law (subjective test) very likely cause the result

Malice: Recklessly:
Defendant does not need to intend or anticipate the Acting while consciously disregarding a
act, but act with great indifference substantial and unjustifiable risk

Negligently:
Failing to be aware of a substantial and
unjustifiable risk

Strict Liability:
Intent does not matter, the proscribed act itself
creates liability

Note: Any defence that negates intent is not

available for strict liability