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38 Dick. L. Rev. 184 (October 1933 to June 1934)
Motive as an Essential Element of the Crime of False Imprisonment

handle is hein.journals/dlr38 and id is 196 raw text is: Dickinson Law Review Published October, January, April and May by Dickinson Law Students Volume XXXVIII APRIL, 1934 Number 3 Subscription Price $1.50 Per Annum 50 Cents Per Number J. BOYD LANDIS, Editor-in-Chief HARRY B. HOGEMYER, Business Manager Assistant Editors Assistant Managers ROBERT HARRIS, Law Journal Editor FRANK T. ARMSTRONG E. GEORGE MILLER, Decision Editor EDWIN A. GLOVER JArIES K. NEVLING, Literary Editor FRANK S. MOSER CHARLES H. REITZ, Book Review Editor EDWARD YAWARS, Note Editor RICHARD H. WAGNER HAROLD S. IRWIN. Faculty Editor JOSEPH P. McKEEHAN, Faculty Manager NOTES MOTIVE AS AN ESSENTIAL ELEMENT OF THE CRIME OF FALSE IMPRISONMENT Every crime has its own peculiar mental element.' To prove a defendant guilty of the crime of which he is accused, the state must show that at the time the act was done the defendant had the requisite mens rea. The extreme burden of this rule is counteracted, however, by the familiar doctrine that a man is presumed to intend the natural and probable consequences of his voluntary acts. This doctrine does not render the above rule ineffective but shifts the burden of proof to the defendant to show that his acts were not accompanied by the usual mental attitude. Just what the mental attitude that will bring a person within the pale of criminal jurisprudence is, cannot be stated in any general rule applicable to all crimes. We must look to the decisions covering the particular crime in question.' In the crime of assault and battery, for example, the mere intent to inflict an injury is held to be sufficient.' In the crime of larceny, on the other hand, it must appear that the 'Sayre, Mens Rea, 45 H. L. R. 974. 2Clark and Marshall, Crimes (3rd. Ed.), sec. 42, pg. 64. aFor a complete discussion see Sayre, Mens Rea, 45 H. L. R. 974. 4Commonwealth v. Eyre, I S. & R. 347.

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