Standardized Mens Rea

The Model Penal Code changed the world for prosecutors and defense attorneys alike when it created its regulated mens rea definitions and standards. This set of standards determines the level of the mental state. The standardized mens rea definitions under the MPC, in descending order, are “purposefully,” “knowingly,” “recklessly,” and “negligently.”

Prior to the Model Penal Code, the states used different common law terms to describe the mens rea or mental state necessary to commit a specific crime. Because there wasn’t really a set in stone definition of what was required, there was much confusion for prosecutors, judges, attorneys, and law students alike who were all trying to figure out what mens rea went with what crime. Because there was no set definition, individuals could use one definition for one judge or another for another judge. The MPC has streamlined the process in many instances.

Basically, if an offense requires a specific mental state, then anyone who is found to have that mental state or any of the states above that level will have had the requisite mental state to commit the crime. So if a criminal statute requires that a person do X recklessly to have committed the crime, then the defendant can meet the requirement if he or she is found to have done X recklessly, knowingly, or purposefully. If the defendant is found only to have done something negligently, then he or she does not have the mental state required for the crime and the elements of the crime have not been met.

Contact a Las Vegas Criminal Defense Lawyer

If you have been accused of a crime, contact a Las Vegas criminal defense lawyer of William Palmer & Associates, P.C. at 702-888-2222.