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Model Penal Code (1) : Citizen Would Observe. Citizen Would Observe. Citizen Would Observe

The document outlines the mens rea requirements - mental states - for criminal liability under the Model Penal Code. It lists the four levels of culpability from highest to lowest: purposely, knowingly, recklessly, and negligently. For each level it provides the conduct, circumstance, and result requirements - what the actor's mental state must be in relation to their conduct, any attendant circumstances, and the result of their actions.

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superxl2009
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68 views

Model Penal Code (1) : Citizen Would Observe. Citizen Would Observe. Citizen Would Observe

The document outlines the mens rea requirements - mental states - for criminal liability under the Model Penal Code. It lists the four levels of culpability from highest to lowest: purposely, knowingly, recklessly, and negligently. For each level it provides the conduct, circumstance, and result requirements - what the actor's mental state must be in relation to their conduct, any attendant circumstances, and the result of their actions.

Uploaded by

superxl2009
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Model Penal

Code
Conduct Attendant Circumstance Result
Purposely It is s conscious
objective to engage in
conduct of the nature
prohibited.
(1) is aware of the
existence of the
circumstance. Or
(2) believes or hopes
they exist.
It is the s conscious
objective to cause the
prohibited result.
nowingly is aware that his conduct
is of the nature prohibited.
!"# Aware that the
circumstances exist.
!$# Aware of a high
probability that such
circumstances exist
unless he actually
believes they dont
exist. !%illful
blindness is the same
as &nowingly under
MPC 2.02(7)#
!'# %illful blindness is not
&nowingly under the
NYPL.
is practically certain the
result would occur.
Rec&lessly (1) consciously
disregards a substantial
and unjustifiable ris&
that the conduct is of
the nature prohibited.
And
(2) (he disregard of that
ris& is a gross deviation
from standard of
conduct a law abiding
citizen would observe.
(1) consciously
disregards a substantial
and unjustifiable ris&
that the circumstances
did exist. And
(2) (he disregard of that
ris& is a gross deviation
from standard of
conduct a law abiding
citizen would observe.
!"# consciously
disregards a substantial
and unjustifiable ris&
that the prohibited
result would occur.
And
!$# (he disregard of that
ris& is a gross deviation
from standard of
conduct a law abiding
citizen would observe.
)egligently (1) should be aware of a
substantial and
unjustifiable ris& that
the conduct is of the
nature prohibited. And
(2) (he disregard of that
ris& is a gross deviation
from standard of
conduct a reasonable
person would observe
in the s situation..
!"# should be aware of a
substantial and
unjustifiable ris& that
the circumstance does
exist. And
!$# (he disregard of that
ris& is a gross deviation
from standard of
conduct a reasonable
person would observe
in the s situation..
!"# should be aware of a
substantial and
unjustifiable ris& that
the result would occur.
And
!$# (he disregard of that
ris& is a gross deviation
from standard of
conduct a reasonable
person would observe
in the s situation..

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