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C: Mens Rea (mental state for an offense (MPC: (Knowingly (willful…
C: Mens Rea
mental state for an offense
CL
Intent: purpose to cause a certain result or to purposefully engage in certain prohibited conduct.
General intent
intent to voluntary engage in the act
Specific Intent
intent to do act with intent or purpose
to prove intent: Natural and probable consequences:
absolute proof of intent is lacking
N&PC infers intent by surrounding, circumstances, manner and instrument that produces death or harm.
ex. placing of bomb in airport. MR: absolute knowledge people will die by bomb = intent to kill
intends if one knows to a virtual certainty that one's actions will cause that social harm.
Cannot be proven by 3rd party
Transferred Intent: Intent to do one crime transfers to an unintended victim. bad aim case
Still can be charged for FMR
D would be legally treated as though committed intentionally the crime to the unintended victim b/c intent is transferred. would be accused of murder under transfer intent
Knowledge:
aware of the fact or correctly believes it exists
omits knowledge and took actions to ignore facts: high prob knowledge exists and deemed to have knowledge
MPC:
Purposely
Knowingly
willful blindness or deliberate ignorance: shuts his eyes to an obvious means of knowledge.
Recklessly
NG
Any of the above is presumed when no MR is specified
Prosecutor needs to prove beyond reasonable doubt