Class 11: Introduction to Mens Rea

Prepare:

Read  Dressler 115-117, 134-135 (§ 10.05), 143-149

Think about the trespass statutes in the Actus Reus Problem. What is the mens rea requirement of each statute? If it is not clear, how would you go about figuring it out?

Do the Trespass problems

In Class: Trespass Problems

Reflect: 

1) In light of what we've discussed, what are the elements of a fair and appropriate criminal statute?  What role does the voluntary act requirement play in assuring just punishment?  What additional role is there for the doctrine of mens rea to play?

2) Why is there ambiguity in criminal statutes?  How should that ambiguity be resolved?  Think about what tools the courts are using as well as what "big picture" issues are being addressed.

Next Class Previous Class Home