1. Chapter 5
Mens Rea

2. Chapter Summary What is mens rea? Criminal Intent Strict Liability
Concurrence
Causation
Lippman, Contemporary Criminal Law, Second Edition

3. Introduction Mens rea is criminal intent.
Required for a crime to occur.
Must be paired with actus reus
Both the act and intent must be proved beyond a reasonable doubt for a conviction in court.
Intent is required to hold accountable only individuals who are “morally blameworthy”
A.K.A. scienter, guilty knowledge
Lippman, Contemporary Criminal Law, Second Edition

4. Criminal Intent
Three reasons for prosecuting the “morally blameworthy”
hold defendants responsible for their acts
deter future criminal acts
allows punishment to be proportional to the crime committed
Lippman, Contemporary Criminal Law, Second Edition

5. Criminal Intent, cont. Common law provided two categories
general: intent to carry out an act
specific: intent to carry out an act with specific results
Specific intent crimes are referred to crimes of cause and result
Lippman, Contemporary Criminal Law, Second Edition

6. Criminal Intent, cont. Transferred Intent Constructive Intent
an individual intends to cause harm to one person and injures another
Constructive Intent
an individual acts in a grossly and wantonly reckless manner
Lippman, Contemporary Criminal Law, Second Edition

7. Model Penal Code Four types of intent purposely knowingly recklessly
negligently
Lippman, Contemporary Criminal Law, Second Edition

8. Strict Liability An offense that does not require intent
Only an act is required
Strict liability offenses posses a danger to a large number of people.
Lippman, Contemporary Criminal Law, Second Edition

9. Strict Liability, cont.
The risk of convicting an innocent is outweighed by the public interest in preventing social harm.
Punishments are relatively minor.
Convictions do not harm defendants’ reputation.
Acts that most people avoid
Those that do engage in these acts usually do possess criminal intent.
Lippman, Contemporary Criminal Law, Second Edition

10. Concurrence The link required between the criminal act and intent
Must be proved beyond a reasonable doubt
Chronological Concurrence
intent must exist at the same time as the act
Lippman, Contemporary Criminal Law, Second Edition

11. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

12. Causation The criminal act must cause a particular harm or result.
Must be proved beyond a reasonable doubt
Important to ensure individual responsibility
Important to ensure fairness of punishment
Lippman, Contemporary Criminal Law, Second Edition

13. Causation, cont. The act must be the cause is fact of the harm
the “but for” test
OR the act must be the legal or proximate cause of harm
Intervening causes of harm may remove responsibility from the defendant.
coincidental intervening acts
responsive intervening acts
Lippman, Contemporary Criminal Law, Second Edition

14. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

15. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition