crim question - "hope" can that mean intent for mens rea?

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olderapplicant
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crim question - "hope" can that mean intent for mens rea?

Postby olderapplicant » Thu May 13, 2010 8:46 pm

MPC/CL?

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Learning Hand
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Re: crim question - "hope" can that mean intent for mens rea?

Postby Learning Hand » Thu May 13, 2010 8:49 pm

Hope only only applies to attendant circumstances when the culpability requirement for that element is "purposely" under the MPC.

olderapplicant
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Re: crim question - "hope" can that mean intent for mens rea?

Postby olderapplicant » Thu May 13, 2010 8:53 pm

ok - so if its an attendant circumstance (not exactly sure what that it is...) then if you hope it happens you can have the purposely mens rea (ie. intent)
but if its just common law then actually need intent.

can you explain attendant circumstance v (i guess) element of the crime?

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Re: crim question - "hope" can that mean intent for mens rea?

Postby Learning Hand » Thu May 13, 2010 9:03 pm

olderapplicant wrote:ok - so if its an attendant circumstance (not exactly sure what that it is...) then if you hope it happens you can have the purposely mens rea (ie. intent)
but if its just common law then actually need intent.

can you explain attendant circumstance v (i guess) element of the crime?


Attendant circumstances refer to material elements of an offense that do not pertain to the actor's conduct (actus reus) or the result. It's not an awareness or hope that the circumstance will happen (a result), but rather an awareness or hope that the circumstances exist at the time the actor commits the offense.

For example:

If a law forbids uttering profanity in a public place, "uttering profanity" is the conduct element, and "in a public place" is the attendant circumstance of the offense. It's still an element of the crime the prosecution must establish.

olderapplicant
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Joined: Thu Jul 24, 2008 7:41 pm

Re: crim question - "hope" can that mean intent for mens rea?

Postby olderapplicant » Thu May 13, 2010 9:08 pm

thanks!




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