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MENS REA (MPC Section 2.02: 4 Different Levels of Culpability. (Defenses…
MENS REA
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Main Rule: In order to be criminally liable for an act, there must be an accompanying blameworthy state of mind. Mens rea is divided into general and specific intent to commit the crime. However, most jurisdictions now use the MPC mens rea levels. Common law still used when applying the rules for two defenses: Mistake of fact, and intoxication.
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Specific Intent: Requires that the accused intend both the criminal conduct and some other element (Burglary).
Common Law is flexible: State v. Peery shows flexibility of the common law. In this case dude got off because he was a model citizen with no prior blemishes.
US v. Villegas is a good example of the Courts applying the MPC when it lacks guidance in the statute.
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