Stated Culpability Requirements

Authors

Scott England, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

Spring 2022

Abstract

This Article comprehensively reviews the law of stated culpability requirements in Model Penal Code (MPC) jurisdictions. Part I provides an overview of section 2.02(4), explaining how the provision works and its role in the MPC’s culpability scheme. Part II then identifies section 2.02(4)’s main weaknesses, drawing on both the provision itself and the Code’s commentary. Next, Part III reviews the law in the twenty-five states with culpability provisions influenced by the MPC, identifying specific problems that section 2.02(4) has created in the case law. Finally, Part IV recommends new stated-culpability rules that improve section 2.02(4) and more rigorously enforce the Code’s requirement of culpability for each offense element.

Publication Title

Rutgers University Law Review

Volume

74

First Page

1213

Last Page

1263

Keywords

Model Penal Code, American Law Institute, culpability, stated culpability, section 2.02(4), criminal law, mens rea, strict liability, absolute liability, mental states

Recommended Citation

Scott England, Stated Culpability Requirements, 74 Rutgers University Law Review 1213 (2022).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/908