Question
1. What is the reason that the law requires a mens rea? Provides for different types of mens rea? 2. Why is it difficult to
1. What is the reason that the law requires a mens rea? Provides for different types of mens rea? 2. Why is it difficult to prove mens rea beyond a reasonable doubt? Discuss some different ways of proving mens rea. 3. Explain the difference between purpose and knowledge. Which is punished more severely? Why? 4. Distinguish recklessness from negligence. Which is punished more severely? Why? 5. What is the difference between a crime requiring a criminal intent and a crime requiring strict liability? 6. Explain the "willful blindness" rule. 7. What is the importance of the principle of concurrence? Provide an example of a lack of concurrence. 8. Explain the statement that an individual's criminal act must be shown to be both the cause in fact and the legal or proximate cause. 9. What is meant by the statement that legal or proximate cause is based on a judgment of what is just or fair under the circumstances? How does this differ from the determination of a cause in fact or a "but for" analysis? 10. Explain the difference between a coincidental intervening act and a responsive intervening act. Provide examples.
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