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

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

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