Posted: May 18th, 2017

Assume that, although Lanscomb caused serious bodily injury, there’s evidence that he did not intend to hit anybody with the club. In fact, he said: “Hey, I bet I can make you flinch,” as he playfully swung the club near the faces of his fellow players. The jury is convinced that Lanscomb truly believed that his aim was good enough and that he could “just miss” actually hitting anybody. If it turned out he was wrong and the state uses the Model Penal Code’s breakdown of mens rea, the most that Lanscomb should be guilty of would be

Assume that, although Lanscomb caused serious bodily injury, there’s evidence that he did not intend to hit anybody with the club. In fact, he said: “Hey, I bet I can make you flinch,” as he playfully swung the club near the faces of his fellow players. The jury is convinced that Lanscomb truly believed that his aim was good enough and that he could “just miss” actually hitting anybody. If it turned out he was wrong and the state uses the Model Penal Code’s breakdown of mens rea, the most that Lanscomb should be guilty of would be: a. Recklessly causing serious bodily injury. b. Negligently causing serious bodily injury. c. Willfully causing serious bodily injury. d. Purposely causing serious bodily injury.

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