ADMJ 103 Lecture Notes - Lecture 2: Malice Aforethought

• School: GCC
• Department: Administration Of Justice
• Course: ADMJ 103
• Professor: potter

Document Summary

Under traditional law, when the statute did not include a required mental state, traditional law required the court to determine what, if any mental state, the statute requires. If the court determined that a mental state was required, recklessness would usually satisfy the requirement. Courts would generally consider the potential punishment and statement of purpose found in the statute when determining whether or not it was a strict liability crime. Under the mpc, unless expressly indicated otherwise, a mental state of recklessness is required. Rules for mistake of fact defense at traditional law: If defendant claims no voluntary act, most jurisdictions will require the defendant only to raise a reasonable doubt. Most courts say that an involuntary element negates the act requirement, though in theory it could negate the mental state as well. Act of omission are generally not criminal, with two exceptions: When the statute particularly prohibits not acting.