General principles - State of mind

Learning Outcomes

After reading this article, you will be able to identify and distinguish the main mental states required for criminal liability on the MBE. You will understand the difference between specific intent, general intent, malice, and strict liability, and know how transferred intent operates. You will be able to apply these principles to MBE-style questions and avoid common exam pitfalls.

MBE Syllabus

For the MBE, you are required to understand the mental element of crimes and how it affects criminal liability. This article covers:

  • The meaning and role of mens rea (state of mind) in criminal law.
  • The distinction between specific intent, general intent, malice, and strict liability offenses.
  • The doctrine of transferred intent.
  • The application of mental state requirements to common MBE-tested crimes.
  • How mental state interacts with defenses such as mistake of fact.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is a strict liability crime?
    1. Larceny
    2. Statutory rape
    3. Burglary
    4. Robbery
  2. Which mental state is required for arson at common law?
    1. Purpose
    2. Negligence
    3. Malice
    4. Strict liability
  3. If a defendant intends to hit Person A but accidentally hits Person B, which doctrine applies?
    1. Mistake of fact
    2. Transferred intent
    3. Strict liability
    4. Malice
  4. Which of the following is a specific intent crime?
    1. Battery
    2. Arson
    3. Burglary
    4. Involuntary manslaughter

Introduction

Criminal liability on the MBE requires not only a prohibited act (actus reus) but also a particular state of mind (mens rea). The mental element distinguishes between accidental and blameworthy conduct. Understanding the different mental states and how they apply to various crimes is critical for MBE success.

Key Term: Mens Rea The mental state or degree of fault required for criminal liability; refers to the defendant's state of mind at the time of the act.

Types of Mental States

Criminal law recognizes several mental states, each with distinct implications for liability.

Specific Intent

Some crimes require proof that the defendant acted with a particular purpose or objective beyond the act itself. These are known as specific intent crimes.

Key Term: Specific Intent A mental state where the defendant acts with a particular purpose or objective to bring about a specific result or engage in specific conduct.

General Intent

General intent crimes require only that the defendant intended to perform the act, not necessarily to achieve a particular result.

Key Term: General Intent A mental state where the defendant intends to perform the prohibited act, regardless of the result.

Key Term: Malice A mental state involving reckless disregard of a known risk or a wrongful act done intentionally without justification; applies to crimes like arson and common law murder.

Key Term: Strict Liability Crimes that do not require proof of any particular mental state; liability is imposed based solely on the act.

Model Penal Code (MPC) Mental States

The MPC uses four categories: purposely, knowingly, recklessly, and negligently. On the MBE, focus on purposely/knowingly (specific intent), recklessly (malice), and strict liability.

Transferred Intent

If a defendant intends to harm one person but accidentally harms another, the intent transfers.

Key Term: Transferred Intent The doctrine that transfers the defendant's intent from the intended victim to the actual victim when the result is similar to that intended.

Strict Liability Offenses

Some crimes dispense with the mental state requirement. If the statute is silent on intent and involves public welfare or regulatory offenses, strict liability may apply. Common examples include statutory rape and selling adulterated food.

Application to Defenses

The required mental state affects the availability of defenses. For example, mistake of fact is a defense to specific intent crimes even if unreasonable, but only a reasonable mistake is a defense to general intent or malice crimes. Mistake is never a defense to strict liability crimes.

Worked Example 1.1

A defendant intends to shoot Person A but misses and hits Person B instead. What is the defendant's liability?

Answer: The doctrine of transferred intent applies. The defendant's intent to harm Person A transfers to Person B, making the defendant liable for the same crime as if B had been the intended victim.

Worked Example 1.2

A defendant is charged with statutory rape after having consensual sex with a minor, honestly believing the minor was of legal age. Is the defendant's mistake a defense?

Answer: No. Statutory rape is a strict liability crime. Mistake of fact, even if reasonable, is not a defense.

Worked Example 1.3

A defendant is charged with burglary. He mistakenly believes he has permission to enter the building. Is this a defense?

Answer: Yes, if the mistake is honest, because burglary is a specific intent crime. Any mistake of fact, reasonable or not, can negate the required intent.

Exam Warning

On the MBE, do not assume that all crimes require intent. If the statute is silent and the crime is regulatory or public welfare in nature, consider strict liability. Always check if the crime is specific intent, general intent, malice, or strict liability before applying defenses.

Revision Tip

Memorize which crimes are specific intent, general intent, malice, or strict liability. This will help you quickly determine the correct mental state and available defenses on the exam.

Key Point Checklist

This article has covered the following key knowledge points:

  • Mens rea is the mental element required for criminal liability.
  • Specific intent crimes require proof of a particular purpose or objective.
  • General intent crimes require only intent to do the act.
  • Malice involves reckless disregard or intentional wrongdoing.
  • Strict liability crimes require no proof of intent.
  • Transferred intent applies when the intended harm affects a different victim.
  • The mental state determines which defenses are available.

Key Terms and Concepts

  • Mens Rea
  • Specific Intent
  • General Intent
  • Malice
  • Strict Liability
  • Transferred Intent
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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