ADJUS-121 Lecture Notes - Lecture 5: Model Penal Code, Criminal Negligence, Willful Blindness
20 Jun 2020
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Under traditional law, the mental state of knowledge was established if the defendant knew, believed, or was substantially certain that a particular fact existed. Debate ensued, however, over whether or not the knowledge requirement could be met if the defendant should have known or if a reasonable person would have known or would have inquired about the situation. Some states under the traditional law applied the reasonable person doctrine, others did not. Under the model penal code, the defendant himself has to have knowledge. State v. beale (me. 1973): the trial judge instructed the jury that finding that a reasonable person would have known satisfies the knowledge requirement. The appellant court overturned the lower court"s decision, but said that proving to the jury that a reasonable person would have known will go a long way in convincing the jury that the defendant himself knew. United states v. jewell (fed. 1976): willful blindness qualifies the mental state of knowingly.
