State of mind - Next Generation Bar Exam

1. Which common-law crimes require malice, satisfied by recklessness?

   Murder and arson. Malice requires reckless disregard of an obvious or high risk of the harm.

2. Under the Model Penal Code, what mental state applies when a statute is silent?

   Recklessness, which may be satisfied by purpose or knowledge. The default does not apply to minor violations punishable only by fines.

3. Under the Model Penal Code, when does a person act purposely as to a result?

   When causing the result is the person's conscious object. Purpose as to a circumstance requires awareness, belief, or hope that it exists.

4. What mental state do common-law general-intent crimes, such as battery, require?

   Intent to do the act constituting the crime. The defendant need not intend the specific harm that results.

5. Which kinds of offenses are commonly strict liability?

   Public welfare offenses and statutory rape. Courts presume a mental state for serious crimes unless the legislature clearly dispenses with it.

6. Which common-law crimes are specific-intent crimes?

   Larceny and related theft crimes, burglary, attempt, conspiracy, solicitation, first-degree premeditated murder, and forgery. Specific-intent crimes require an intent beyond the act itself.

7. How does transferred intent apply in criminal law?

   The intent to harm one person transfers to the person actually harmed, for the same kind of harm. Intent to damage property does not transfer to harm to a person.

8. A man takes a coat from a restaurant coat rack, honestly but carelessly believing it is his own. Why is he not guilty of larceny?

   His honest mistake negates the specific intent to steal property of another. Larceny is a specific-intent crime, so the mistake need not be reasonable.

9. At common law, what mistake of fact is a defense to a specific-intent crime?

   Any honest mistake that negates the specific intent, even if unreasonable. For general-intent crimes, the mistake must be both honest and reasonable.

10. Under the Model Penal Code, when does a person act recklessly?

    When the person consciously disregards a substantial and unjustifiable risk. The disregard must be a gross deviation from the conduct of a law-abiding person.

11. What is the relevance of motive to criminal liability?

    Motive is not an element; a good motive does not negate the required intent. Motive may be relevant as evidence or at sentencing.

12. Under the Model Penal Code, when does a person act negligently?

    When the person should be aware of a substantial and unjustifiable risk and the failure is a gross deviation from reasonable care. Negligence, unlike recklessness, does not require awareness of the risk.

13. Under the Model Penal Code, when does a person act knowingly as to a result?

    When the person is aware that the result is practically certain to follow. A person may act knowingly without desiring the result.

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