Prepare:
Think about the following:
Common law criminal statutes use a variety of mens rea terms. What mens rea terms have we already encountered? What do they mean?
Read Dressler, 119-134
Read Regina v. Cunningham, United States v. Jewell, and Bryan v. United States
Think about the mens rea requirements discussed in those cases, in previous cases and in Dressler. How many can you identify? Can you articulate what each state of mind means and what it takes to prove it? What kinds of defenses do you anticipate for each state of mind and how do you address them?
What is the hierarchy of these states of mind under the common law? What is the "highest" or most difficult to prove? The "lowest" or easiest to prove? Where do the others fit?
Write answers to these questions sufficient for you to participate fully in class discussion
Do the Tenant and Food Coupon problems
Read Dressler 22-23, 84-85, 120-124, 131
Review the Model Penal Code Definitions and Default Rules, §§ 1.13, 2.01, 2.02 and 2.05.
In Class: Analysis of Cunningham, Jewell and Bryan with emphasis on the various common law mens rea terms, review of the basic structure of the MPC
Reflect:
Think about the hierarchy of states of mind. How would you order them. Can you state a rule for applying each state of mind?
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