1. MENS REA
الجنائى القصد
–
االجرامية النية
EZZELDIN BASSYOUNI
Master of law George Mason
university 01225297655
أعمال ورجال محامين إنجليزى تجارة إنجليزى حقوق
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4. What is meant by mens rea in law?
Mens rea, criminal intent or evil
mind, in general, the definition of a
criminal offense involves not only
an act or omission and its
consequences but also the
accompanying mental state of the
actor. all criminal systems require
an element of criminal intent for
most crimes.
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7. Strict liability crimes
do not require the
Mens rea element.
strict liability crimes
are considered to be
criminal regardless of
the person's intentions
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8. What are the 4 types of mens
rea?
the model penal code
recognizes four different levels
of Mens rea: purpose (same as
intent), knowledge,
recklessness and negligence.
4 types
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11. Is Mens rea alone punishable?
Mens rea without Actus reus.
in ethics or religion an evil
deed may be committed in
mind and might constitute a
wrong, even though it has not
manifested itself in physical
conduct. Mens rea as such in
law is not punishable
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12. WHY IS MENS REA IMPORTANT?
mens rea: is the most important
element to prove a crime has taken
place. it means it was the intention
of the wrongdoer to
purposely/knowingly/willingly and
with proper planning to cause harm
to a person, animal or property.
actus reus: it is the guilty act that
follows the guilty intention.
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14. DEFENDANT has
knowledge of a
particular fact that
is an element of the
crime
SCIENTER CONCEPT
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15. Possession of stolen
property requires
knowledge that the property
is stolen ,or insulting a
police officer without
knowing he is a police
officer.
EX
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16. The accused person
intents a harm but
because of bad aim
causes another harm –
the original intent does
not come true and end up
to harm other victim
Transferred intent concept
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19. NO, guilty mind required in
strict liability crimes crime
prove by proving the act like
traffic offenses DWI driving
while being impaired
,statutory rape.
NOTES
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20. It does not matter
your intent is ,you
did the act ,you
committed the
crime
NOTE
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21. Motive ?
motive is not the
same as intent or
guilty mind ,but it may
prove particular state
of mind require by law
Motive concept
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22. legal responsibility
for acts for another
because of some
relationships
vicarious liability concept
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24. The employer may be
unknown of his employees
wrongful act or they did not
follow the regulations but
he is liable for their acts
since they are under his
supervisions and directions
Why? Do the employer
liable
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25. ex warner lambert
case where the
employer was held
liable for the death of
one employee because
of safety conditions at
the plant .
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26. A corpration may be
charged with a crime.
How can a corpration act?
By its legal person or an
agent who maks
decisions.
CORPORATE IIABILITY
CONCEPT
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27. when the agent or employee
act in the course of
employment ,when the act
was authorized and directed
by the corporation, done or
did not done by omission
,where the act was supposed
to be done ,corporation is
liable for the act of its agent
or employee.
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28. Model penal code
decide
four states of guilty
mind.not all states apply
common penal code ,but states
apply its own penal system
Currant aproach to
mens rea
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29. 1- Intentional
conscious desire to commit the act and
achieve the result
2- knowing Aware the conduct is reasonabily
certain to cause the result ,
you dont intent to cause it but you know that
your act will result in particluar harm .
3-RECKLESS
aware of ,but consciously disregard or ignor a
substantional and unjustificate risk
4--with criminal negligance ought to be aware
of a substantional and unjustification risk but
you dont.
4
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30. 1-A person commits an offense if
he--- intentionally or knowing –
cause the death of another
(murder)
2-recklessly cause the death of
another (manslaughter)
3-Cause the death of a nother with
criminal negligence (criminally
negligent homoicide)
COMPARE AND CONTRAST
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