Mens Rea/R.I.C.K.

R.I.C.K.
Reckless, Intentional, Criminal Negligence, Knowingly

By Liam Noonan

​These 4 states of mind are called...

Recklessly

Recognizing and disregarding a substantial risk

A man speeds on the highway to get to work. He understands the risk of driving at a dangerous speed, but intends to get to work on time, not kill someone.
A woman takes drugs she knows are dangerous, but get her high. She understands the risk of ingesting these substances, but intends to get high, not die.

Intentionally

Engaging in a behavior with a certain goal in mind

At a shooting range, a man turned around and shot his instructor for saying he was a bad shot. He knew what he was doing and had the specific goal in mind of killing him.

with Criminal Negligence

Failing to recognize or perceive a risk/outcome

A janitor forgets to leave a wet floor sign while mopping at night because he was listening to music. He goes home without thinking about his responsibility to leave a wet floor sign and the next day someone trips and falls on the floor.

Knowingly

Being aware of the potential consequences of your actions

A drug dealer sells heroin to someone, who later dies of an overdose. The drug dealer KNEW that if someone took too much (or even a little) they could die. He only intended to make some money, NOT kill the person.

Multiple Choice

The four criminal states of mind are exclusive to one another (More than one cannot exist at the same time)

• True

• False

Multiple Choice

While moving into his new apartment on the 23rd floor in Manhattan, Mr. Noonan needed to clean out the old owner's belongings. In order to make room, Mr. Noonan left his guitar amp on the window while he cleaned out the rest of the apartment. In the process of cleaning, he tripped and knocked the amp out of the window, hitting a pedestrian. According to Mr. Noonan, he had no idea the amp would fall out of the window, he just wanted it out of the way.

He commit this crime:

• Recklessly

• Intentionally

• with Criminal Negligence

• Knowingly

Multiple Choice

While driving to work, Connie decided to check his phone for any text messages. Noticing one from his mom, he decided to respond, looking away from the road. While he was texting, Connie failed to notice the light turn red. Because he was distracted, Connie did not noticed opposing traffic begin to move, and struck one of the drivers. Connie had been told on numerous occasions the dangers of texting while driving, but he thought he would only quickly look at his phone.

Connie commit this crime:

• Recklessly

• Intentionally

• with Criminal Negligence

• Knowingly

Multiple Select

While sitting in her apartment, Hayley decided it would be fun to watch her TV fall out the window (what a weirdo). Hayley looked out from her 23 story apartment and saw a crowd of people below her. Despite knowing someone could get hurt, Hayley thought "It'll probably be fine" and pushed it down anyways.

Hayley commit this crime:

• Recklessly

• Intentionally

• with Criminal Negligence

• Knowingly

Multiple Select

While sitting on a bench, Will saw someone who owed him money walking by, and stuck out his foot to trip them. As a result of his actions the man tripped and fell, breaking his nose.

He commit this crime

• Recklessly

• Intentionally

• with Criminal Negligence

• Knowingly

Open Ended

How would you rank these criminal states of mind in order of severity? (Which state of mind will likely carry the heavier sentence?)

Open Ended

Should the perpetrator's intentions be considered when prosecuting them for their crimes?