Exam 5: Mens Rea, Concurrence, Causation

Congress and state legislatures typically indicate strict liability laws by omitting language such as knowingly and purposely.

Aiesha went to the mall with the intention of buying a purse for her date on Friday night. She went into XYZ and found a black and brown leather purse that was large enough for her to fit a jacket and an extra pair of shoes. She liked big purses because she always wants to make sure she has everything she needs. She walks up to the counter and pays for the purse and exits the store. As she leaves an alarm goes off. A retail associate comes to check her bag and finds various costume jewelry pieces in each of the purse pockets. Aiesha did not put them there and was unaware of their presence. Nonetheless, is Aiesha guilty of shoplifting?

Jackson recently graduated high school and decided to spend his summer before college hiking the Appalachian Trail. Three weeks into his hike there was a torrential downpour in a very rural and desolate area of North Carolina. He tried to take shelter in his tent but there was so much mud and rain that it afforded him little protection from the elements. He decided to seek out a more stable structure and eventually happened upon an old RV that was seemingly abandoned. The doors were locked but he was able to pick the lock and enter. Jackson found enough canned food to make himself a warm dinner and settled in for the night. The next morning, he took with him all of the dry clothes and food he could find in the RV and headed off to continue down the trail. Is Jackson guilty of burglary?

What is the difference between purposely and knowingly?

The "mental part" of a crime is commonly termed actus reus.

Marty and Sarah are fighting. Sarah shoots a gun at Marty and the bullet grazes Marty's arm. Marty runs out of the house and into the street. Barry is driving down the street 20 mph over the speed limit. Unable to see Marty on the dimly lit road, Barry hits Marty and Marty dies instantly. What is the cause-in-fact in this scenario? What is the proximate cause of Marty's death? Is the intervening act coincidental or responsive? Who would you hold liable for Marty's death?

What is the most reliable indication of intent?

A terrorist bombs a public building in order to make a political statement. He knows people are likely to be inside but does not take the time to find out their location in relation to the bomb nor does he look into their injuries after the bombing took place. Everyone inside is injured, some injuries are minor and others are major, but luckily, no one dies. When criminal charges are brought forth against the terrorist, which mental state most likely applies?

All of the following are considered types of intent EXCEPT ______.

The Model Penal Code established recklessly as the most serious category of criminal intent.

______ offenses were intended to protect society against acts impure and defective drugs, pollution and unsafe working conditions, and trucks and railroads.

What is transferred intent?

An individual satisfies the ______ standard when he or she is aware that circumstances exist or that a result is practically certain to result from his or her conduct.

A conscious disregard of a substantial and unjustifiable risk and a gross deviation from the standard that a law-abiding citizen would observe in the same situation is ______.

The defendant is considered responsible for foreseeable coincidental intervening acts.

Public welfare offenses were designed to protect against ______.

The appropriate punishment of an act depends, to a large extent, on what?

Compare and contrast the types of mental states provided by the Model Penal Code. Provide a scenario for each type of mental state to develop your answer.

Summarize and discuss the People v. Cervantes case. Explain the court's distinction between dependent intervening and independent intervening acts. What did the court find? Do you agree with the ruling? Why or why not?

______ cause requires you to ask whether "but for" the defendant's act, the victim would not have died.