Criminal Midterm sep 3

MPC 2.02(1), minimum requirements of culpability

A person is not guilty unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element.

MPC 2.02 (2), Element by element analysis

Mens rea does not float over the crime as a whole. Each material element gets its own analysis, and different elements of the same offense can carry different mental states. Example: receiving stolen property needs purpose as to receiving and knowledge as to it being stolen.

Intentionally. Knowingly. Recklessly. Criminal negligence.

Intentionally. You wanted it. It was your conscious objective. Knowingly. You were aware. You knew what you were doing or knew the fact was true. Recklessly. You saw the risk and did it anyway. Aware of a substantial and unjustifiable risk, and ignoring it was a gross deviation from what a reasonable person would do. Criminal negligence. You didn't see the risk but you should have. Same substantial and unjustifiable risk, but you failed to perceive it, and failing to perceive it was a gross deviation.

All three elements of an offense

Its actus reus (a voluntary act or culpable omission), its mens rea (the defendant’s state of mind) at the time of that actus reus, and the result (if one is required) caused by that actus reus.

Can you be punished for thoughts

No one is punishable solely for his thoughts. Though the law of attempt will allow criminal liability if a defendant moves beyond thoughts to some actions, even if they do not result in a completed offense, attempt still requires an act of some kind.

Winship rule

Establishes that the Due Process Clause of the Fourteenth Amendment requires proof beyond a reasonable doubt of every fact necessary to constitute a charged crime.

Beyond reasonable doubt

In criminal cases: no reasonable doubt means considering every fact necessary to constitute the crime. Courts avoid putting a percentage on it.

Preponderance of evidence

In civil cases: more likely true than not.