Possession as an Act, N.J.S.A. 2c:2-1(c)

Hoboken cops recently charged five young adults with various drug offenses, per the news. Indeed, the charges include drug possession and drug possession with intent to distribute, per nj dot com. It all began when the cops saw an illegally parked car. Additionally, the cops claim the vehicle was registered to an individual with a suspended license. But the news report does not indicate what made the position of the car illegal. Furthermore, although the vehicle apparently moved, the news omits that detail. Instead, the news indicates the cops stopped the vehicle two blocks from the illegal parking spot. While approaching the vehicle, the cops allegedly saw a cloud of smoke exit from the window. And apparently it was the driver’s window, but the news is ambiguous about that too. Moreover, the cops allegedly detected a strong odor of burnt marijuana inside the vehicle. Read more

Intoxication: Does this provide a defense to a crime under New Jersey law?

RIVERSIDE TWP.—Local cops charged an allegedly drunk train passenger with aggravated assault on a police office. The NJ Transit River Line passenger had allegedly consumed alcohol and cursed at passengers, per the news. Police claim the man had multiple open containers of beer when they approached him. Additionally, while escorting him off the train, the man allegedly assaulted one cop. Furthermore, they claim the senior citizen spit in the face of another. Eventually, the cops took the passenger to a hospital for his extreme level of intoxication. Consequently, Read more

General Requirements of Culpability, N.J.S.A. 2c:2-2

This is the final post in a series on the mental culpability element in criminal law. The previous posts addressed the common law and the Model Penal Code (“MPC”). Those posts are available here, here, and here. This post, however, will discuss statutory reform and New Jersey’s adoption of the MPC in the New Jersey Code of Criminal Justice. Furthermore, this post will focus on the General Requirements of Culpability under New Jersey law. Read more

Model Penal Code and Criminal Culpability

blogged previously here and here about the mens rea element in crimes‎. Those posts summarized issues taken up by legal scholars and policymakers. This post will look at how statutory reform has addressed and resolved these issues. Read more

Historical Evolution of Criminal Intent

blogged previously about the general meaning of mens rea (criminal intent). This post provides an overview of the historical evolution of criminal intent. Indeed, the legal concept of mens rea dates back centuries.¹ The body of this text will refer to scholars by last name. Please view the footnotes for references. Read more

Mens Rea: What is it and why does it matter?

Criminal Intent

I listened to the podcast below, featuring Robert Alt of the Buckeye Institute in Ohio, with great interest. Indeed, Alt focused on a topic that the academy discusses extensively, mens rea (or criminal intent).Alt addressed a specific problem of modern penal laws, which he refers to as malum prohibitum. In particular, Alt spoke about modern criminal laws defined without the element of criminal intent. Although strict liability regulations may appeal to lawmakers, they can yield absurd and devastating results. Alt illustrated the point Read more

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Category: General Principles of Liability