Law 5110 Study Guide - Quiz Guide: Mens Rea, Negligent Homicide, Model Penal Code
Document Summary
Intentional conduct - setting sight on realizing a particular target - both good and bad. Praise for good presupposes an intention to do good, but blame for harm does not need an intention for the harm. Accidents - events where no fault or culpability is on the part of the actor. Some argue negligence cannot be mens rea, because there is no intention (a blank mind). Both are internal side of offense, part of mens rea. Intentional conduct is worse, because it increases responsibility. Negligence intention bad motives: accidents and negligence. Negligence - actor could avoid harm (by exercising due care, reasonably, and nonnegligently). Only crimes of harmful consequences can occur negligently. Accidents - occur only with an independent causal process between action and consequence (in other words, a force majeure, an act of god). Some crimes need human purpose to create harm, e. g. rape. Legal formulation of negligence ( 2. 02 (2) (d) model penal code (mpc):
