LAW 140 Chapter Notes - Chapter Mens Rea, Mistake of Law, Intoxication: Mens Rea, Actus Reus, Strict Liability
Document Summary
Requirement of a guilty mind mens rea. Common law mens rea: specific intent crime specifies specific behavior d must engage in and specific state of mind that must accompany that behavior a. i. Definition of the crime expressly includes an intent or purpose to do some future act, or to achieve some further consequence, beyond the conduct or result that constitutes the actus reus of the offense a. i. 1. Future events contemplated by d need not occur for crime to be a. ii. complete. A mistake of fact is a defense to a specific intent crime when it is honestly (actually) made and negates the specific intent required . Rationale: acquittal follows from fact a person may not be convicted of an offense unless every element, including the mental state element, is proved, which did not occur assuming d was genuinely mistaken a. ii. 2. Exception general intent elements of specific intent crimes a. ii. 2. a.
