Class 18: Practice in Interpreting Criminal Statutes
Mens Rea and Mistake

Prepare:

Read  Dressler 135-137 (§10.06); 151-162 (top); 165-176(top)

Think about how you would use the tools you have learned in interpreting a criminal statute.  

Think about what role a defendant's mistake does and should play in determining criminal liability.  What is the relationship between mens rea and mistake?

Do the Food Coupon and Controlled Substance problems and be prepared to make arguments for both sides in class.

In Class:  Food Coupon and Controlled Substance Problems

Reflect: 

10/3/01

1.  Do you understand why the government wants the construction it is urging?  The defense?  Can you argue effectively for strict liability v. implied mens rea?  Can you argue effectively to extend the mens rea (either stated or implied) to the various elements?

2.  Do you understand WHY having the mens rea extend or not matters?  Are you clear on the role mistake plays in the analysis, both when the element has a state of mind and when it does not?

3.  If you are not clear, the only way to make it work is practice.

10/1/01

1.  Do you have a better sense of how to determine whether a criminal statute is strict liability or has a mens rea requirement?

2.  Can you apply this analysis to a problem?

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