Which element of an offense the culpable mental state, the conduct, or the resultant harm is most important to you in determining an offender's penalty?
Does your answer differ if the offense is a crime against the person? A crime against property?
• Student answers should note that intentional behavior is regarded as more morally wrong than criminally negligent conduct.
• Students may note that Anglo-American law has long focused on a sliding scale of mens rea and resulting harm to determine offense severity.
• Some students may argue that the intentions of the offender are more important than the resultant harm while others will suggest that the harmful outcome should be the focus.
• The resultant harm is likely to be the primary concern in crimes against person.
• The culpable mental state is likely the primary concern in crimes against property.
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