Limeys and Drug Mules

The most common criminal defense is the “I didn’t do it.” Much less common are actus reus defenses. Somewhere in the middle are mens rea (criminal intent), which we will explore in this post.

Under the Model Penal Code, there are four mens reas commonly attached to statutes:
1. Purposely
2. Knowingly
3. Recklessly
4. Negligently

These terms are hierarchical. If you “knowingly” break a statute that says “recklessly”, you have indeed committed a crime. And if no mens rea is attached to a statute, recklessly is assumed.

Regina (the Queen) v. Cunningham (1957, England)

Facts
A bugger attempts to knick from his future mother-in-law’s gas meter, which was full of coins. The scallywag didn’t bother to turn of the gas. The gas started spilling into the house and nearly killed the poor lady. Blimey!

Question
Can this tosser be charged with attempted murder?

Holding
No

Reasoning
He had a mens rea for robbery, not murder.

And the winner is…
Cunningham

Note
Under the MPC, the mens rea “recklessly” could be applied. But either way, the prosecution would need to establish an intent to murder. On the flipside, if you intend to perform an act that violates the law, your motive for doing so is irrelevant.

Conscious Avoidance, the Ostrich Defense

United States v. Jewel (1976)

Facts
Mr. Jewel drove a car into the U.S. with 110 pounds of weed in a hidden compartment. He was aware of the secret compartment. He had some clues that his car was full of weed, but he consciously avoiding knowing for certain. The statute in question had the word knowingly attached.

Question
Can conscious avoidance substitute for knowingly?

Holding
Yes

Reasoning
The MPC says “when knowledge of the existence of a particular fact is an element of a defense, such knowledge is established if a person is aware of a high probability of its existence. Unless he actually believes that it does not exist.”

And the winner is…
America!

Note
Technically, the federal criminal court has not adopted the MPC. But much of the code is used for federal law.

summarized from Life of a Law Student