LAW 604 Lecture Notes - Lecture 3: Model Penal Code, Willful Blindness, Mens Rea
Document Summary
Ought to be aware. : if offense is silent as to required culpability, read in recklessness, willful blindness. If the defendant subjectively believes there is a high probability the fact exists and made a deliberate action to avoid learning the fact they are treated as having knowledge: mpc and federal law. Offenses without culpable mental states (strict liability: public welfare offense exception to mens rea requirement (regulatory. Varies a lot across the board: retributivist if you didn"t know you did anything wrong morally then you didn"t act with a mental state that requires punishment, utilitarian there"s nothing to deter. It is about balancing harms and benefits, and strict liability. The effect of mistakes on culpability: mistake of fact and mistake. Common law: mistake of fact, reasonable mistake of fact will negate mens rea for specific intent (intent) crimes, unreasonable mistake of fact can negate mens rea for general intent crimes.
