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Mens Rea and Section 2.02 of the Model Penal Code Culpability Level

Conduct

Attendant Circumstances

Result

Purposely

Defendant’s conscious object is to engage in such conduct.

Defendant is aware or hopes or believes the circumstance exists.

Defendant’s conscious object is to cause this result.

Knowingly

Defendant is aware his conduct is of this nature.

Defendant is aware the circumstances exist.

Defendant is aware that the result is practically certain.

Recklessly

Defendant consciously disregards a substantial and unjustifiable risk that he is engaging in this proscribed conduct.

Defendant consciously disregards a substantial and unjustifiable risk that the proscribed circumstances exist.

Defendant consciously disregards a substantial and unjustifiable risk that the result will occur.

This disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe, considering defendant’s purpose and the circumstances known to him.

Negligently

Defendant fails to recognize a substantial and unjustifiable risk he is engaging in this conduct.

Defendant fails to recognize an unjustifiable risk that the proscribed circumstances exist.

Defendant fails to recognize a substantial and unjustifiable risk that the result will occur.

The failure to recognize the risk, given defendant’s purpose and the circumstances known to him, involves a gross deviation from the standard of care a reasonable person would observe.

Mistake Statute Requires Specific Intent

Statute Requires General Intent

Reasonable Mistake of Law

Exonerates

Guilty

Unreasonable Mistake of Law

Exonerates

Guilty

Reasonable Mistake of Fact

Exonerates

Exonerates

Unreasonable Mistake of Fact

Exonerates

Guilty

Proximate Causation

Homicide Under the Common Law and the MPC Common Law Category

INTENDED KILLINGS

NON-INTENDED KILLINGS

First-Degree Murder

PREMEDITATION, DELIBERATION, AND WILLFULNESS

STATUTORY PREDICATES OF FELONY MURDER

Purposely or Knowingly Second-Degree INTENTIONAL Murder

Manslaughter (Voluntary)

Manslaughter (Involuntary)

DEPRAVED HEART FELONY MURDER

Purposely or Knowingly

Recklessly under circumstances manifesting extreme indifference to the value of human life

HEAT OF PASSION

HEAT OF PASSION; RECKLESS CULPABLE NEGLIGENCE

Extreme Emotional or Mental Disturbance (EED)

EED or Reckless CULPABLE NEGLIGENCE Criminal Negligence

KEY: Common law is in capitals; Model Penal Code language is in upper/lowercase.

The Material Elements of Attempt ATTEMPT — COMMON LAW Thinking MENS REA

1.Same mens rea as target offense ± 2.Intent to i) do the same act ii) accomplish same result iii) know the same circumstances as target crime

Prep aring

C R I M I N A L

Doing ACTUS REUS “Proximity Test” (close in space and time or set forces in motion with high probability of completion)

“Probable Desistance” (law-abiding person would have broken off)

“Unequivocal Act” (clearly manifests criminal purpose)

“Last Act” (beyond’s D’s control)

Abandonment Not Permitted

T A R G E T

Abandonment Permitted If 1.Volutary renunciation and 2.Complete renunciation

C R I M E

ATTEMPT — MPC CULPABILITY SUBSTANTIAL STEP 1.Same culpability as target crime ± 2.Purposefully engages in conduct ± 3.Purposefully causes result orbelieves result will ensure ± 4.Same culpability toward circumstances as target offense

T H R E S H O L D

1 .“Strongly corroborates” criminal purpose

Comparison of Conspiracy Under the Common Law and the Model Penal Code Common Law

Model Penal Code

Rationale: Inchoate crime and group liability

Rationale: Treated solely as inchoate crime

“Unlawful act” may be object of conspiracy

Only a “crime” may be object of conspiracy

No overt act required historically (modern common law jurisdictions typically require an overt act)

Overt act required except for first- and second-degree felonies

Does not merge with target offense

Merges with target offense unless criminal objectives go beyond particular offenses

Specific intent required for all material elements

“Purpose” required for conduct and result elements; unclear if “purpose” required for circumstance elements

Pinkerton rule adopted

Pinkerton rule rejected; accomplice liability required

Bilateral requirement that both conspirators mustagree

Agreement can be unilateral

No renunciation (no abandonment)

Renunciation permitted

Withdrawal permitted

Withdrawal permitted

Accomplice Liability COMMON LAW T-1 Before Target Crime Accessory Before the Fact (A-BTF)

T-2

T-3

During Target Crime Principal in First Degree (P-1)

After Target Crime Accessory After the Fact (A-ATF)

1.Helps or encourages P-1 to commit Target Crime BUT

1.Personally commits Target Crime OR

2.Is not present at or near crime scene

2.Uses Innocent Agent to commit Target Crime

1.Helps P-1, P-2, or ABTF after Target Crime

Innocent Agent

1.Commits criminal act; but 2.Lacks capacity or mens rea for crime; and 3.Is fooled or forced to commit criminal act Principal in Second Degree (P-2)

1.Helps or encourages P-1 to commit Target Crime AND 2.Is at or near crime scene MODEL PENAL CODE T-1 Before Target Crime Principal 1.Solicits another to commit a crime, which is then committed by person solicited

OR

2.Aids, agrees, or attempts to aid another in planning a crime who then commits the crime OR 3.Having a legal duty to prevent the commission of the crime, fails to do so

T-2

T-3

During Target Crime Principal

After Target Crime

1.Personally commits Target Crime OR 2.Uses Innocent or Irresponsible Person Principal 1. Aids, agrees, or attempts to aid another in committing a crime

1.Hinders apprehension or prosecution; see MPC §242.3...