Question

Katie is a first-year criminal justice student who is driving to class but is going to get there early. She is driving along without a care in the world listening to the radio. She doesn't realize it but she is going 65 in a 55 mile per hour zone. She gets pulled over by a police officer and gets written a ticket for speeding. Katie believes she will beat the ticket in court because she did not realize she was speeding. She will tell the judge she did not have the mens rea required for this crime. Will she be successful and why?

1) Yes, because mens rea is not required for a speeding ticket.
2) Yes, because Katie did not have the intention to speed.
3) No, because mens rea is not a defense for a speeding ticket.
4) No, because ignorance of the law is not a valid defense.

Answer 1

Katie's lack of intent or awareness of her speeding is not likely to be a successful defense because speeding is considered a strict liability offense where mens rea is generally irrelevant, and ignorance of the law is not a defense.

Step-by-step explanation:

Will Mens Rea Help Katie in Speeding Ticket Case?

Regarding Katie's speeding ticket case, it's important to understand that traffic violations are typically considered 'strict liability offenses' in legal terminology. This means that whether the person had mens rea—the intention or knowledge of wrongdoing—is usually irrelevant. For traffic infractions like speeding, the offense is committed by simply doing the prohibited act, in this case, driving above the posted speed limit. Therefore, Katie's lack of awareness regarding her speed won't likely be a successful defense in court. Furthermore, ignorance of the law is not typically a valid defense, so arguing that she did not realize she was speeding would not usually exonerate her.

In Katie's case, the correct answer is No, because mens rea is not a defense for a speeding ticket. This is because speeding is a strict liability offense, and lack of intent is not a defense.