Crim Law Notes 9-22-20
Special problems in Intent (General v. Specific) *Need to Spend time here to understand
Intoxication
Mistake
 Strict Liability Crimes (Malum prohibitum)
Morissette v. United States
Generally, when statute is silent, assumption is that mens rea is required for crime.
Lawmakers permit a mitigated unfairness with public policy crimes b/c the importance
of the crime is high; we need everyone to do it and penalty is low (fine usually) and little
if any harm to offender’s reputation.
*Traditional strict liability cases: bigamy, adultery, statutory rape (courts don’t care
about circumstances)
MPC says strict liability are offenses/violations, not crimes.
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Test your understanding (mens rea)
Malum prohibitum-(wrong b/c it’s prohibited)-statutes that prohibit the sale of impure
food or drugs, anti-pollutant, traffic and motor vehicle laws-public welfare offenses
Malum in se- (inherently wrongful)-murder, arson, rape