Mens Rea
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Note: If (1) the question provides a statutory definition of the crime, the statute will specify the applicable MPC mental state. If (2) a question does not provide a statutory definition of the crime, assume the crime falls under common law, and specify the required common law mental state.
Issue
I: The issue is whether Defendant’s mental state satisfies the mens rea required for criminal liability for the offense charged.
Analysis
R: The mens rea required for criminal liability depends on (1) whether the crime is defined by common law or statute and (2) the specific mental state required for the crime.
A: Here, the crime is defined by [common law/statute] and the type of mental state required for the crime is [specific intent, malice, general intent, purposely, knowingly, recklessly, negligently].
1. [Relevant Mental State]
R: [Insert the rule for the relevant mental state from the list below.]
A: Here, [apply rule to facts].
2. MPC Hierarchy Rules
R: The MPC categorizes mental states from least to most culpable as negligence, recklessness, knowledge, and purpose. Consequently, if (1) a criminal statute specifies a mental state, proof of a more culpable mental state satisfies the mens rea requirement.
A: Here, [apply rule to facts].
R: If (2) a criminal statute does not specify the requisite mental state, it is established if the defendant acted at least recklessly. Additionally, if (3) the statute does not specify the requisite mental state for each material element of the crime, then the mental state applicable to one material element is applicable to all material elements, unless a contrary purpose plainly appears.
A: Here, [apply rule to facts].
Conclusion
C: Therefore, Defendant’s mental state [satisfies/does not satisfy] the mens rea required for criminal liability for the offense charged.
Mental State Options
The template above requires discussing at least one of the following mental states. As mentioned, the mental state(s) may be defined under (1) common law or (2) statute. Insert the rule for the relevant mental state where indicated in the template.
1. Common Law
If the fact pattern does not define the crime by statute, the student must identify the required mental state based on the type of crime.
a. Specific Intent
R: Specific intent crimes require that the defendant possess a subjective desire, specific objective, or knowledge to accomplish a prohibited result.
b. Malice
R: Malice involves a reckless disregard of a high risk of harm. It does not require the defendant to act with ill will toward the victim. A defendant who acts with greater culpability (i.e., specific intent) can be criminally liable for a malice crime.
c. General Intent
R: General intent crimes require that the defendant intended to perform the act that constitutes the crime but do not require intent to achieve a specific result.
2. Statutory/MPC
If the fact pattern defines the crime by statute, it will likely describe the required mental state as one of the following.
a. Purposely
R: A defendant acts “purposely” when it is their conscious objective to engage in the conduct or to cause a certain result.
b. Knowingly
R: “Knowingly” requires that the defendant is aware that their conduct is of the nature required by the crime or that the circumstances required by the crime exist. In other words, the defendant must be aware that the result is practically certain to occur based on their conduct.
c. Recklessly
R: “Recklessly” requires the defendant to act with a conscious disregard of a substantial and unjustifiable risk that a material element of a crime exists or will result from the conduct. The risk must constitute a gross deviation from the standard of conduct of a law-abiding person. Mere realization of the risk is not enough.
d. Negligently
R: A defendant acts “negligently” when they should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from the conduct. The risk must constitute a gross deviation from the standard of care of a reasonable person in the same situation.
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Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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