Markley's Forgotten Revolution: Connecting Mental States in Indiana's Criminal Code

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Examines the connection between an Indiana criminal statute's specified mens rea and the same statute's non-mental elements (primarily actus reus, result, and circumstance).

Demonstrates a substantial disconnect between the statute ostensibly governing that relationship, Indiana Code 35-41-2-2(d), and the case law interpreting it, with a special focus on Markley v. State, 421 N.E.2d 20 (Ind. Ct. App. 1981).

Concludes by offering a constructive solution.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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