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Mens Rea Mpc Framework Outline

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This is an extract of our Mens Rea Mpc Framework document, which we sell as part of our Criminal Law Outlines collection written by the top tier of New York University School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Mens Rea: The MPC Framework
Mens Rea Framework

MPC 2.02 > focus on subjective blameworthiness (retributive concerns)
o
Divides statute into material elements

Conduct (verb)

Attendant circumstances

Result (consequence)
o

2.01(2) - four levels of culpability o

2.01(2)(a) - purposely (with intent)

It is D's conscious object to engage in the conduct or create the result;
awareness that the attendant circumstances exist or believe or hope they exist o

2.01(2)(b) - knowingly (willful = knowingly 2.02(8))

D is aware that it is practically certain that conduct will cause result, aware of the nature of the conduct and aware that the attendant circumstances exist

Includes willful blindness o

2.01(2)(c) - recklessly (maliciously)

D consciously disregards a substantial (subjective) and unjustifiable (objective)
risk that he is engaging in this conduct, that the attendant circumstances exist, or that conduct will lead to result

Risk must be of a nature/degree that its disregard is a gross deviation from the standard of conduct of reasonable actor in the same circumstances (subjective awareness standard)
o

2.01(2)(d) - negligently (criminal negligence)

D should have known of a substantial and unjustifiable risk that he is engaging in this conduct, that the attendant circumstances exist, or that conduct will lead to result

Risk must be of a nature/degree that failure to perceive is a gross deviation from the standard of conduct of reasonable actor in the same circumstances
(reasonable person/objective standard/criminal negligence standard)

When MR is unclear o

2.02(3) default rule: If statute is silent on MR or MR doesn't apply to an element, apply default of recklessly (unless SL)
o

2.02(4) default rule: MR term applies to all material terms

Exception 1: statute distinguishes between the material terms (the MR term does not travel through)

Look at sentence structure, grammar, conjunctions, punctuation,
legislative history/intent

Ex. Commas breaking up, two independent clauses > not travel

Ex. Commas breaking up a continuous sentence > travel

Ex. Adverb only modifies verbs not nouns > not travel

Exception 2: a contrary purpose plainly appears

if made to look like purposefully separate element (set off by commas,
etc.)

if MR term not mentioned in beginning of statute but next to a later element

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