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OnyxCollie

(9,958 posts)
4. Levels of mens rea.
Mon Nov 19, 2012, 06:03 PM
Nov 2012
http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/basicElements/ModelPenalCodeMensRea.asp

1. Purpose

A person acts purposefully (intentionally) if he acts with the intent that his action causes a certain result. In other words, the defendant undertakes his action either intending for, or hoping that, a certain result will follow.

2. Knowledge

A person acts knowingly if he is aware that his conduct will result in certain consequences. In other words, a person acts knowingly if he is aware that it is practically certain that his conduct will cause a specific result.

3. Recklessness

A person acts recklessly if he is aware of a substantial risk that a certain result will occur as a result of his actions. The risk must be substantial enough that the action represents a gross deviation from what a reasonable law abiding person would do.

The difference between recklessness and knowledge is that where a person acts knowingly he acts with the certainty that a certain result will follow from his actions. However, where a person acts recklessly, the person does not know for sure that a specific result will follow. Rather, he only knows that there is a substantial risk that the result will follow.

4. Negligence

A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were. In other words, where Wilma sets the bomb off to go at 8:30, knowing that there is a risk that someone might get killed, she has acted recklessly. However, if for some reason, she doesn’t recognize that someone might get killed, she has acted negligently because a reasonable person would be aware that someone could get killed if they were to put a bomb on an airplane.
I think it should be felony murder dsc Nov 2012 #1
Levels of mens rea. OnyxCollie Nov 2012 #4
I've seen 3) and 4) used to bring about changes in behavior. freshwest Nov 2012 #8
there are plenty of people serving life sentences for driving to robberies where a death occured dsc Nov 2012 #9
Yeah, but those people were poor OnyxCollie Nov 2012 #11
Let's see if they start singing like canaries now and pointing fingers upstairs. nt Xipe Totec Nov 2012 #2
That's equivalent to a $10000 fine for manslaughter ... GeorgeGist Nov 2012 #3
Oh, they "Come Down Hard", do they... DreamGypsy Nov 2012 #5
If corporations are people, my friend, where's the prison sentence?! Hekate Nov 2012 #6
I'll believe that corporations are people RoccoR5955 Nov 2012 #7
$4.5 Billion is a joke. marmar Nov 2012 #10
That's like $1 Flying Squirrel Nov 2012 #21
If corporations are people onethatcares Nov 2012 #12
Ain't that the goddamn truth! Orrex Nov 2012 #13
... CountAllVotes Nov 2012 #14
phony wayward: "I just want my life back!" triplepoint Nov 2012 #15
I wonder when and how it will be paid. nm rhett o rick Nov 2012 #16
they have 5 years to pay it, they pull in about 4.5 bil a quarter so the feds leftyohiolib Nov 2012 #17
In other words they got away with murder and paid a parking ticket. bahrbearian Nov 2012 #18
Not nearly enough... Earth_First Nov 2012 #19
Finally. Some justice. Ash_F Nov 2012 #20
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