Mens Rea 4 modes of culpability Purpose Knowledge

Mens Rea

4 modes of culpability • • Purpose Knowledge Recklessness Negligence The OBJECTIVE, “reasonable person” test

Texas Penal Code Chapter 19 – Criminal Homicide Per § 19. 02(b), a person commits murder if he: (1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Strict Liability • Strict Liability: The legal responsibility for damage or injury, even if you are not negligent – Strict liability is the mens rea. That is to say, none of the four modes of culpability are required to satisfy the mens rea of a strict liability offense. • Examples: • Statutory rape • Selling alcohol to minors • Parking violations • Deterrence/Retribution?

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The American Crime Story

The American Crime Story • According to the FBI: – 8, 421, 481 arrests were made in 2016 • 69. 6% were committed by “White” people • 26. 9% were committed by “Black or African American” people • According to the American Community Survey, approximately 316, 515, 021 people lived in the U. S. on average from 2011 -2015 – Approximately 76. 1% listed as “White” – Approximately 13. 8% listed as “Black or African American”

Incarceration

Incarceration Nation • According to World Prison Brief (prisonstudies. org): – In 2014, the U. S. incarcerated 2, 217, 947 people, which makes the U. S. the largest prison population in the world • According to Bureau of Justice Statistics: – About 1 in 35 adults (2. 8%) in the United States was under some form of correctional supervision at year end 2013