attempt mens rea

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BunkMoreland
Posts: 289
Joined: Thu Jan 21, 2010 3:16 pm

attempt mens rea

Postby BunkMoreland » Thu Apr 22, 2010 1:31 pm

is this right? My crim teacher was very vague and confusing so I've had to work it out myself via Dressler.

conduct: purpose
circumstances: MPC/Majority: tracks offense. Minority: purpose/knowledge
result: purpose/knowledge


thanks so much!

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RVP11
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Joined: Tue Nov 06, 2007 6:32 pm

Re: attempt mens rea

Postby RVP11 » Thu Apr 22, 2010 1:37 pm

Common law majority, as exemplified by Thacker: requires purpose/specific intent as to conduct, circumstance, and result.

Common law minority, as exemplified by Thomas from Colorado: requires purpose as to conduct, same as underlying offense for circumstance, same as underlying offense for result.

MPC: requires purpose as to conduct, same as underlying offense for circumstance, purpose as to result.

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McBean
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Re: attempt mens rea

Postby McBean » Thu Apr 22, 2010 5:04 pm

RVP11 wrote:Common law majority, as exemplified by Thacker: requires purpose/specific intent as to conduct, circumstance, and result.

Common law minority, as exemplified by Thomas from Colorado: requires purpose as to conduct, same as underlying offense for circumstance, same as underlying offense for result.

MPC: requires purpose as to conduct, same as underlying offense for circumstance, purpose as to result.



TCR




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