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Resource 4 . 2 . 7
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Exercise: Is Mens Rea Met?

Laurent Sacharoff

Once we determine the mens rea required for the elements of the statute, we must then determine whether they are met by the facts. Can the prosecutor prove the defendant had the mens rea for each element?

What kind of facts establish what the defendant was thinking? If she confesses to the police, "I hated my husband so I killed him," her statement will show she had purpose as her mens rea and is guilty of murder. If she invokes her Fifth Amendment right against self-incrimination, however, we must then prove her thought process with external evidence. 

Below are some exercises with fact patterns.

 

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