Compare and contrast the mens rea of homicide a common law and under the model penal code
What will be an ideal response?
Answer: The following must be in the answer:
a. Common law mens rea
i. Malice aforethought
1. Crime—murder
2. Model penal code—purposeful, knowing, and reckless with extreme indifference to the value of life.
ii. All other unexcused homicides
1. Crime—manslaughter
2. Model penal code—reckless, except the extreme indifference standard for murder
iii. Not recognized at common law
1. Crime—negligence
2. Model penal code—negligence
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