Model Penal Code’s Mens Rea Self-Quiz
Robert and Ed are jewel
thieves and they are planning the most daring heist of their careers.
They have found out that the crown jewels, belonging to the Queen of England,
are to be brought to America and kept in the vault of the Federal Reserve
Bank in New York for safe keeping. Robert and Ed take three months to
plan the robbery. However, two days before the robbery is supposed to
take place, they find out that the crown jewels are being kept together
with a Darjeeling necklace belonging to the Prime Minister of India and
a jewel encrusted golden sword belonging to the Sultan of Brunei in a
small safe within the main vault. Although Robert and Ed are only interested
in the crown jewels, they proceed with the robbery anyway. They successfully
steal the small safe and, upon arriving at their hideout and blowing the
safe open, they find all three pieces of jewelry. According to the Model
Penal Code’s definitions of intent, Robert and Ed have:
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Moe, Larry and Curley go
up to Moe’s lodge for a weekend of hunting. After an afternoon spent
chasing deer, they get bored and decide to test their marksmanship. Moe,
Larry and Curley each agree to take turns putting an apple on their heads
and letting the other two try to shoot it off with a pistol. Moe puts
the apple on his head first and Curley takes the pistol. Curley is not
a very good shot and he knows that there is a very good chance that he
might hit Moe. However, he decides to give it a try anyway. Sure enough,
instead of hitting the apple, he accidentally shoots Moe between the eyes
killing him instantly. According to the Model Penal Code’s definitions
of intent, Curley has acted:
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Moe, Larry and Curley go
up to Moe's lodge for a weekend of hunting. After an afternoon spent chasing
deer, they get bored and decide to test their marksmanship. Moe, Larry
and Curley each agree to take turns putting an apple on their heads and
letting the other two try to shoot it off with a pistol. Moe puts the
apple on his head first and Curley takes the pistol. For some reason,
Curley does not recognize the risk involved in what he is about to do.
Unfortunately, when Curley shoots the gun, he misses the apple and accidentally
shoots Moe between the eyes killing him instantly. According to the Model
Penal Code's definitions of intent, Curley has acted:
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The state legislature has
recently passed a law making it illegal to use unlawful force against
another person with the intent of permanently depriving them of their
personal property. Mike and Evander live in the same neighborhood and
hate each other. One night, they bump into each other at the park. Some
words are exchanged and soon they are involved in a full blown fist fight.
Mike, being bigger and stronger than Evander, soon beats Evander into
unconsciousness. While Mike is standing over Evander, he notices a thick
gold chain around Evander's neck. Mike gently unfastens the chain, slips
it off of Evander's neck and takes it home. When Evander comes to, he
reports Mike to the police. If Mike is charged with violating the new
statute, he will probably be:
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Mike owns a piece of property
that borders on a large lake. Evander loves to go swimming and fishing
in the lake and routinely walks across Mike’s property to get to
the water. Mike does not particularly like Evander and hates the fact
that Evander trespasses on his property. To teach Evander a lesson, Mike
digs a deep pit in the middle of the path that Evander uses to get to
the lake. Mike covers the pit with leaves and brush so that Evander will
not see it until it is too late. Mike knows that Evander could be seriously
hurt by a fall into the pit but he knows that, afterwards, Evander will
never trespass on his property again. After Mike finishes the pit, he
goes back to his house and waits at a window for Evander to come by. Eventually,
Mike sees Evander coming. As Evander gets closer to the pit, Mike realizes
that he has done a terrible thing and begins to run out of his house to
warn Evander. Unfortunately, Mike is too late and Evander falls into the
pit. He suffers several broken bones and internal injuries. If Mike is
charged with a crime for his actions, he will probably be:
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