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Hastings Law Journal

Abstract

The term "knowledge" is used to represent the mens rea requirement of various crimes. The common law concept of that term included both guilty belief and guilty avoidance of knowledge. The Model Penal Code, however, does not provide for the latter common law concept. Noting this omission, the author proposes an amendment to the Code that would allow for satisfaction of the mens rea element of an offense on the basis of a deliberate avoidance of knowledge.

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