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Class #6: The Model Penal Code Approach to Mens Rea
The Illinois battery statutes at issues in Conley used specifically defined mental state terms ("intentionally" and "knowingly"). Those definitions come from the Model Penal Code. Indeed, the MPC's most important contribution to modern criminal law was reducing mental states to four clearly defined terms: purposely, knowingly, recklessly, and negligently. You should learn the definitions of these terms so thoroughly that they become second nature. We will spend some time with MPC § 2.02, which establishes not only the definitions of those terms, but the rules for applying them in context. We will also look at the analogous New York statute, NYPL § 15.05. This assignment contains all the important mental state provisions from the MPC and the NYPL. Please study them carefully.
Aside from defining the key mental state terms, we'll address several related issues in this assignment:
1. What should be the minimum level of culpability (recklessness, negligence, or strict liability)?
2. Should there be a default mens rea requirement if a statute is silent about the required mental state?
3. How should the law deal with defendants who purposely (or recklessly) keep themselves ignorant of facts that lead to criminal responsibility ("willful blindness")?
4. How should the law deal with defendants who accidentally harm the wrong victim ("transferred intent")?
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