The Mens Rea of Negligence

This Lessonette® exercise examines the mental state of negligence as set forth in the Model Penal Code. In particular, the lesson presents some material on the rationale for punishing at negligence level (or not), as well as examining the concept of "failure to perceive." Finally, the lesson examines the nature of the risk at issue in negligence, drawing particular attention to the Code terms "substantial" and "unjustifiable," and to the simultaneously subjective and objective aspects of the Code's definition of that risk.