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137 Cards in this Set
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- Back
- 3rd side (hint)
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[Crimes Against the Person]
Elements of Battery at Common Law |
1) Unlawful
2) Application of force to another 3) resulting in either: (a) Bodily Injury, or (b) Offensive Touching 4) requires: general intent |
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[Crimes Against the Person]
Elements of Assault at Common Law |
(1) An attempted battery, or
(2) (a) The Intentional creation (b) other than by mere words (c) of a reasonable fear in the mind of the victim (d) of imminent bodily harm (e) requiring specific intent |
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[Crimes Against the Person]
What makes a battery or assault "aggravated"? |
Assault or battery will be more serious if
(a) a weapon is involved (b) The victim is a child (c) The intent is commit a robbery or rape |
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[Crimes Against the Person]
Elements of Murder at Common Law Definition & Mental State |
Definition
(a) causing the death (b) of another person (c) with Malice Aforethought Malice Aforethought means one of: (a) Intent to kill, (b) Intent to inflict grievous bodily harm, (c) Extreme Recklessness ("abandoned and malignant heart"), or (d) Felony Murder |
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[Crimes Against the Person]
In the context of crime for homicide, the presence of a deadly weapon does what? |
Creates an inference of an intent to kill.
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[Crimes Against the Person]
Dudley shoots at Alex, intending to kill him. Alex ducks, and Dudley's bullet instead hits Victor, killing him. What crimes is Dudley guilty of? |
(1) Murder, for Victor's death, because of transferred intent.
(2) Attempted murder for attempt on Alex. Why? |
If a defendant intends to harm one victim but accidentally harms a different victim instead, the defendant's intent will transfer. Applies in murder, but also battery and arson.
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[Crimes Against the Person]
Dudley shoots Alex, intending to kill him. Alex ducks, and Dudley's bullet instead hits Victor, who is wounded but does not die. What crimes is Dudley guilty of? |
(1) Attempted murder of Alex
Why? |
Transfer of intent only applies to crimes with completed harms
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[Crimes Against the Person]
What are the modern, statutory element of Murder? (not MPC) |
(1) First Degree
(a) Premeditiation (thought about it ahead of time) and (b) Deliberation (cool, calm, collected) (2) Second Degree Murder: All other murders |
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[Crimes Against the Person]
Elements of Voluntary Manslaughter |
(1) an intentional killing
(2) committed in the heat of passion (3) after adequate provocation, which requires (a) a sudden & intense passion in the mind of an ordinary person (b) D did not have time to cool off |
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[Crimes Against the Person]
What are examples of "adequate provocation" for Voluntary Manslaughter? |
(1) Serious assault + battery
(2) Finding a *spouse* in bed with someone else (3) But never words alone Standard? |
Was it reasonable for emotion to overtake reason
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[Crimes Against the Person]
Elements of Involuntary Manslaughter at common law |
(1) A killing committed with criminal negligence
(2) Misdemeanor manslaughter (a killing committed during a crime that is not felony murder) |
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[Crimes Against the Person]
What is Felony Murder? |
Any killing caused during the commission of or attempt to commit a felony.
How is this limited in some states? |
Different degrees.
E.g. Serious Felonies = 1st Degree Dangerous Felonies = 2nd Degree |
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[Crimes Against the Person]
What are the limitations on Felony Murder (7) |
(1) D must be guilty of underlying felony
(2) Felony must be inherently dangerous (3) Felony must be separate from the killing itself (4) Killing occured during or in immediate flight of the felony (5) Killing must be in "furtherance" of the felony (6) Death must be foreseeable (7) Victim must not be a co-felon |
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[Crimes Against the Person]
What is it called when one felon is guilty of another co-felon's killing? |
Vicarious Liability
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[Crimes Against the Person]
Dumb and Dumber rob a bank. Dumber sits outside in the getaway car, while Dumb goes into the bank, points a gun at the teller, and says "This is a Stick Up." (a) If Dumb's gun goes off accidently and kills the teller, what happens? (b) If the teller dies of a heart attack because of the gun, what happens? |
(a) Both are guilty of murder
Why? (b) Both are guilty of murder Why? |
(a) Felony Murder Rule & vicarious liabiloty
(b) Same, and death from freight = foreseeable |
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[Crimes Against the Person]
What are the mental states for MPC murder? |
1) Intent to Kill
What's irrelevant? 2) Extreme Recklessness 3) Felony Murder |
1) Premediation or deliberation is irrelevant
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[Crimes Against the Person]
What felony crimes qualify for Felony Murder under the MPC? |
"B.R.E.A.K.S."
1) Burglary 2) Robbery 3) Arson 4) Kidnapping 5) Escape 6) Sexual Assault |
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[Crimes Against the Person]
MPC's Elements for Intentional Manslaughter? |
1) An intentional killing
2) committed under the influence of "reasonable extreme emotional disturbance" |
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[Crimes Against the Person]
MPC's Elements for Unintentional Manslaughter? |
1) A reckless killing, which means
(a) D was aware, and (b) consciously disregarded a "substantial and unjustifiable risk of death." |
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[Crimes Against the Person]
What is the MPC's mental state for criminally negligent homicide? |
Negligence, which means D should have known about a substantial and unjustifiable risk
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[Crimes Against the Person]
Elements of False Imprisonment? |
1) Unlawful
2) Confinement of a person 3) without his/her consent 4) requiring general intent |
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[Crimes Against the Person]
Elements of Kidnapping? |
1) False imprisonment, and
2) moving or concealing of victim in a secret place 3) also requiring general intent |
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[Crimes Against the Person]
What extra elements does Aggravated Kidnapping require? |
1) Purpose to collect ransom, or
2) purpise to commit robbery or rape, or 3) victim is a child |
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[Crimes Against the Person]
Elements of Forcible Rape? |
1) Sex, all kinds
2) without victim's consent 3) accomplished (a) by force, (b) by threat of force, or (c) when victim is unconscious 4) requiring general intent |
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[Crimes Against the Person]
Elements of Statutory Rape? |
1) Sex
2) with someone under the age of consent 3) requiring no mental state (strict liability) 2 other things about statutory rape? MPC Rule/Minority Rule provides |
1) Mistake is no defense - strict liability
2) Consent is no defense MPC: reasonable mistake of age is a defense |
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[Crimes Against Property]
Elements of Larceny? |
1) Trespassory (w/o Permission)
2) Taking & Carrying Away (must be moved) 3) Of Property in Possession of Another (possession not title is key) 4) With Intent to Steal (specific intent) |
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[Crimes Against Property]
What are the defenses to Larceny? |
Any defense?
Why? |
Specific Intent Mental State
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[Crimes Against Property]
Owner goes into dry cleaner, and when clerk is not looking, takes his just-cleaned clothing without paying and goes home. Can Owner be guilty of larency? |
Yes, because key is taking from a person that validly possess the property.
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[Crimes Against Property]
What is the erroneous takings rule? |
A taking under a claim of right is never larceny.
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[Crimes Against Property]
Dudley picks up Victor's cell phone, mistakenly believing that it is his. Is dudley guilty of larceny? |
No, mistake of fact is a valid defense because crime requires specific intent to steal.
Does Dudley's mistake need be reasonable? |
No, "reasonableness is not material"
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[Crimes Against Property]
Dudley knowingly takes Victor's cell phone from Victor's bag without V's permission but plans to return it later. Is dudley guilty of larceny? |
No, because lacks specific intent to permanently deprive someone of property
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[Crimes Against Property]
Dudley leases his car to V for one-year term. 2 months later, D changes his mind and takes back the car against the terms of the lease. Is D guilty of larceny? |
Yes
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[Crimes Against Property]
D takes V's cellphone without permission, but intends to return it. While using it, he changes his mind and decides to keep it. Is D guilty of larceny? |
Yes, on a theory of "continuing trespass"
What's the rule? |
If a D wrongfully takes property, but without intent to steal, but later changes his intentions, the initial trespassory taking is considered to have "continued."
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[Crimes Against Property]
Definition & Mental State for Embezzlement? |
Conversion of the person property by a person already in lawful possession of that property, with the intent to defraud.
Mental state: specific intent Key difference with larceny? |
Embezzler must start with lawful possession
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[Crimes Against Property]
What's the difference between possession and custody? |
Possession requires more than custody, it requires the "authority to exercise some discretion over the property."
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[Crimes Against Property]
A lawyer holds $10,000 in trust for one of its client. Without client's knowledge, he gambles it all away. What is his crime? |
Embezzlement
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[Crimes Against Property]
A bank president wrongfully writes himself a check on the bank's account. What is his crime? |
Embezzlement - he's considered in possession of the account because of his authority
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[Crimes Against Property]
A bank teller wrongfully takes $1,000 out of the bank drawer, what is the teller's crime? |
Larceny. Teller didn't have possession, just mere custody
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[Crimes Against Property]
Define False Pretenses |
Obtaining title to the personal property of another by an intentional false statement, with intent to defraud.
1) Key difference from larceny? 2) Nature of false statement? |
1) With false pretenses, D got title. Larceny D merely got possession
2) The false statement must be of a past or present event, not a future promise |
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[Crimes Against Property]
D buys a phone from V, by giving him a check D knows will not clear. What is D's crime? |
False Pretenses
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[Crimes Against Property]
D offers to pay V $100 tomorrow if V gives D a phone today. D never plans on paying V. What property crime D guilty of today? |
None, it's a future promise
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[Crimes Against Property]
D offers to pay $100 to V by check, which he knows will bounce, if V will rent D a phone for 1 week. What is D guilty of? |
Larceny by Trick
What's the rule? |
Larency by Trick = Obtaining valid possession (not title) because of an intentional false statement
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[Crimes Against Property]
Elements & mental state of robbery |
1) A larceny
2) From another's person or presence (V's vicinity and V's house, while he is in it) 3) By force or threat of immediate injury 4) an intent to steal |
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[Crimes Against Property]
D threatens to harm V in a week if V doesn't give D $10,000 dollars. What is D guilty of? |
Extortion
Why not robbery? |
Not the threat of *immediate* harm
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[Crimes Against Property]
D threatens to reveal an embarrassing secret that will destroy V's career unless V pays D $1,000. What is D guilty of? |
Blackmail.
Why not robbery? |
Because not physical or threatened physical harm to a person
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[Crimes Against Property]
How does the MPC work for Theft Crimes? (2) |
1) Consolidated all under the crime known as "theft"
2) Severity depends on value of item stolen |
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[Crimes Against Property]
Elements of Receipt/Possession of Stolen Property? |
1) Receiving possession
2) of Stolen property 3) with knowledge that it was stolen What is the mental state for most "possession crimes"? |
Knowledge
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[Crimes Against Property]
Elements of Forgery? |
1) Making or altering a writing
2) so that it is false 3) with the intent to defraud |
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[Crimes Against Property]
Elements of Uttering? |
1) Offering as genuine
2) a forged instrument 3) with intent to defraud What's the difference with Forgery? |
Forgery = Criminalizes the making of the instrument, and punishes the "forger"
Uttering = Criminalizes the use of a forged instrument, and punishes the user of the instrument even if that person did not forge it. |
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[Crimes Against Property]
Elements of Malicious Mischief? |
1) Destroying or damaging someone elses property
2) with Malice |
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[Crimes Against Property]
D takes V's checkbook, writes himself a $100 check, and signs V's name. What crime did D commit? |
Fraud
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[Crimes Against Property]
D takes a check he knows some else forged and attempts to cash it at a local check cashing store. What crime did D commit? |
Uttering
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[Crimes Against Property]
D not only tries to cash a check that he knows is forged but also actually gets the money. What crimes has he comitted? |
Uttering (presenting the forged check)
and False Pretenses |
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[Crimes Against Property]
Elements of Burglary at Common Law? |
1) Breaking
2) Entry 3) Dwelling 4) of Another 5) At Night 6) Intent to Commit Felony Inside (Specific Intent) |
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[Crimes Against Property]
For Burglary, what does breaking include and not include? |
Includes: Breaking a window, opening a window, opening a door
Not Include:Climbing through an already open window or entering with permission |
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[Crimes Against Property]
D mistakenly believes that V stole his laptop and breaks into V's house at night to take it back. Is D guilty of burglary? |
No, because it's not larceny. Larceny = specific intent crime, and D suffered from a mistake of fact (that the laptop was his).
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[Crimes Against Property]
D, a homeless person, breaks into V's house to get warm. Did D commit burglary? |
No - no intent to commit a felony
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[Crimes Against Property]
V, a homeless man, breaks into a house at night to get warm. While there, he decides to and successfully steals a laptop. Is V a burglar? |
No, because there was no concurrence between the act and the mental state.
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[Crimes Against Property]
How have modern statutes changed common law burglary? |
Mot states have eliminated:
1) Breaking 2) At Night 3) Dwelling |
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[Crimes Against Property]
Definition of Arson at Common Law? Mental state? |
A malicious burning of a building. Malice
What does burning mean? |
Material wasting of structure... Scortching is not enough, part of the building must have been destroyed
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[Crimes Against Property]
How have modern statutes changed common law arson? |
Eliminated
a) Dwelling b) Of another |
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[Accomplice Liability]
Who is the principal? The accomplice? |
Principal = Person who commits the crime
Accomplice = (a) Aids or (b) Encourages. Requires intent that the crime be comited |
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[Accomplice Liability]
What is the scope of accomplice liability? |
1) All crimes that he aided or encouraged (just as if he did it)
2) All other foreseeable crimes commited along with the aided crime. Does the principal need to be convicted? |
No, accomplice can be liable even if principal is found not guilty or has a personal defense (e.g. insanity)
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[Accomplice Liability]
What 3 categories of people cannot be accomplises? |
A person
1) merely present 2) Merely with knowledge 3) who is a member of a protected class (e.g. victim) |
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[Accomplice Liability]
What is required to withdraw? (Encourager and Aider) |
Encourager: Discourage principal before it is committed
Aider: Neutralize the assistance or prevent crime from happening (includes notifying the authorities) |
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[Accomplice Liability]
What are the elements for a person to be an accessory to a crime? |
1) Help a principal who has committed a felony
2) With knowledge that a crime has comitted 3) With intent to help principal avoid arrest or conviction What else is this known as in modern times? |
Obstruction of justice, harboring a fugitive, hindering prosecution
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[Inchoate Offenses]
What are the 3 inchoate offenses? |
1) Solicitation
2) Conspiracy 3) Attempt |
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[Inchoate Offenses]
Definition & mental state of solicitation? |
Asking someone to commit a crime, with the intent that the crime be committed.
Specific Intent Does the crime need to be completed? |
No -- it's irrelevant if the person agrees or actually commits it
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[Inchoate Offenses]
Definition & mental state of conspiracy? |
An agreement between 2 or more people to commit a crime + an overt act in furtherance of the crime.
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[Inchoate Offenses]
What is the standard for overt acts in conspiracies? |
Any act in furtherance, usually preparation is sufficient
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Dud and Don agree to kill V. Unknown to Dud, Don is an FBI agent. Dud is arrested when preparing to kill V, is Dud guilty of conspiracy to commit murder?
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Under Common Law? No, because conspiracy must have 2 people
MPC: Yes Rule? |
Common Law: Need 2 guilty minds; if all the other parties are acquitted, the last party can't be covicted
MPC: Unilateral approach; other's acquittals are irrelevant |
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[Inchoate Offenses]
When is a conspirator liable for co-conspirator's crimes? |
When
1) Crime was in furtherance of the, and 2) Foreseeable |
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D and A agree to rob a bank. As they prepare, A says he will go steal a gun to help rob the bank. A breaks into V's house and steals a gun, which is used in the robbery. What crimes can D be convicted of?
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D
1) Bank Robbery (he did it) 2) Conspiracy (he agreed with another to do it) 3) Burglary-Larceny (vicarious liability) |
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[Inchoate Offenses]
MPC requirements for attempt? |
1) Conduct that is a substantial step towards the crime, and
2) strongly corroborates a criminal purpose |
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[Inchoate Offenses]
Common law requirements for attempt? |
Conduct that gets "dangerously close" to the commission of the crime, sometimes called the "dangerous proximity test"
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[Inchoate Offenses]
At what point has D committed the crime of attempted murder of V walking home from work [MPC & Common Law] 1) Buys an untraceable gun from an illegal gun dealer 2) Shows up where V walks home with the loaded gun, but V wasn't there 3) Tries again and shoots at V but misses |
1) MPC = Yes, CL = No
2) MPC = Yes, CL = No (V and D must be in the same place) 3) Both yes What are the MPC/Common Law Rules? |
MPC/Majority = Substantial Step + Strongly Corroborative of Criminal Purpose
Common Law = Dangerously Close |
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[Inchoate Offenses]
What is the mental state for an attempt crime? |
Specific Intent
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D, intending to show off how good aim he has, takes a loaded gun, closes his eyes, spins around, and tries to shoot at a target. What is he guilty of if:
1) He hits & kills V 2) He misses V |
1) Reckless homicide
2) Nothing - can't attempt an unintentional crime |
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[Inchoate Offenses]
While D is burglarizing V's home, his gun accidentally goes off. What happens if 1) It hits V and he dies? 2) Doesn't hit V? |
1) felony murder
2) Nothing, can't attempt felony murder |
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[Inchoate Offenses]
What three types of crimes can't be charged for attempted? |
1) Reckless Crimes
2) Negligent Crimes 3) Felony Murder |
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[Inchoate Offenses]
Can crimes that require malice or general intent be basis for attempt charges? |
Yes, but only if D specifically intends to commit the crime.
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[Inchoate Offenses]
What is factual impossibility? |
When it was impossible for D to complete the crime for reasons beyond D's control.
Is it a defense to an attempt crime? |
No, factual impossibility is never a defense to attempt
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[Inchoate Offenses]
What is Legal Impossibility? |
Claim that it was impossible to complete the crime because the completed act would not have been illegal
Is it a defense to attempt? |
Yes
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[Inchoate Offenses]
D intends to and actually does buy and sell a bag containing a white-powdery substance that he thought was cocaine but unknown to him was baby powder. Can D be guilty of attempting to or actually distributing an illegal substance? |
Actual distribution - No
Attempt? Yes Factual mistake is no defense. He wanted and tried to do something that was illegal |
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[Inchoate Offenses]
D thinks it's illegal to distribute baby powder (it's not), but does it anyway. Can D be guilty of attempted distribution of an illegal substance? |
No - legal impossibility is a defense
What he wanted & tried to do was not illegal |
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[Inchoate Offenses]
Is withdrawal a defense to an inchoate offense? (Common Law & MPC |
Common Law: No, but withdrawal will prevent the conspirator (or attempter, solicitor) from being vicariously guilty for future crimes of the conspiracy
MPC: Only if (a) voluntarily and openly renounces and (b) renunciation is based on "change of heart" and not fear of failing or getting caught |
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[Misc]
What is the Merger Doctrine? |
Some crimes "merge" with other crimes and D cannot be punished for both
Lesser included offenses that are *necessary* for the greater offense. |
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[Misc]
Is larceny a lesser included offense of (1) robbery or (2) burglary? |
1) Yes
2) No, because burglary can be committed with any felony, so not "necessary" |
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[Inchoate Offenses]
What inchoate crimes merge/don't merge? |
Merges: Solicitation and attempt merge with the completed crime
No Merge: Conspiracy never merges |
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[Inchoate Offenses]
D wants to kidnap someone else, but doesn't want to do it himself so he thinks he'll ask someone else to do it. What crime? |
None - just thoughts
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[Defenses]
Requirements & list tests for Insanity |
1) Mental Disease of Defect
2) Meet one of (a) M'Naughten test (b) Irresistible Impulse Test (c) Durham Test (not the law anywhere) |
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[Defenses]
What is required for the M'Naughton insanity test |
1) D did not know his act was wrong, OR
2) Did not understand the nature of his actions |
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[Defenses]
Requirements for Irresistible Impulse Test for insanity? |
1) D couldn't control his actions
2) D couldn't conform actions to the law |
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[Defenses]
Requirements for Durham insanity test? |
That D's crime was a product of his mental illness
No longer good law |
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[Defenses]
Requirements for MPC insanity defense? |
Basically M'Naughton OR Irresistible Impulse
1) D could not appreciate the criminality of his conduct, or 2) conform conduct to the law |
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[Defenses]
What's the difference between insanity and incompetency |
Insanity - (a) whether D was insane when he committed crime, if yes --> not guilty.
Incompetency - Whether D is insane at time of trial; if yes, trial merely postponed. |
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[Defenses]
When is Intoxication a defense? |
Voluntary Intoxication - only to negate specific intent.
Involuntary Intoxication - any crime |
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[Defenses]
Infancy defenses at common law & under MPC? |
Common Law: <7, no prosecution; < 14 presumption of no prosecution; > 14, prosecution allowed.
MPC: < 16, juvenile delinquency process; > 16,17: criminal prosecution if allowed by juvenile delinquency court. Not good law State ages vary widely |
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[Defenses]
What is the rule for the use of non-deadly force in self defense? |
1) Reasonably necessary
2) To protect against an immediate use 3) of unlawful force against himself |
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[Defenses]
Rule for use of deadly force |
V can use deadly force if facing "imminent threat of death or serious injury"
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[Defenses]
When can D/V not use self-defense deadly force? |
When D is the "initial aggressor"
When can D regain the right to use deadly force? |
If he
1) Withdraws from the fight, and 2) communicates it to the other OR the other party suddenly escalates a non deadly fight into a deadly one (pulls a gun) |
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[Defenses]
When must a D retreat before using deadly force in a self-defense claim? |
Majority Rule: Retreat is not required ("true man rule")
Common Law/Minority: can use deadly force if (a) Cannot retreat to a safe location, or (b) D is in his home (castle exception) (c) D is defending against: kidnapping, rape, robbery, arson, or burglary ("BRRAK") |
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[Defenses]
What happens if D made a mistake and deadly-force was not required in self-defense? |
Reasonable? Valid self-defense
Unreasonable? Common Law: No defense; MPC: Voluntary Manslaughter |
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[Defenses]
When can force be used to prevent a crime? |
Non-deadly force can be used to stop any crime.
Deadly force can only be used to stop a felony risking human life |
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[Defenses]
Can D use force to stop crimes against others? |
Yes, just as he would himself
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[Defenses]
Can deadly force be used to protect property? |
Generally: No
If burglary, then yes if person using force (e.g. home owner) is validly inside the home |
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[Defenses]
Can force be used to resist arrest? |
Majority Rule: If arrest is unlawful, then D may use non-deadly force
MPC: No force, unless arresting officer uses excessive force |
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[Defenses]
When is duress a defense? |
If a person is forced to commit a crime under the threat of imminent death or serious bodily injury. Unless the crime is homicide
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[Defenses]
When is entrapment a defense? |
(VERY NARROW)
1) Criminal design originated w/ government AND 2) D was not predisposed to commit the crime |
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What are the six possible defenses to a crime?
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1. Insanity
2. Intoxication 3. Infancy 4. Self-Defense 5. Duress 6. Entrapment |
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How is jurisdiction for crime determined?
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A state has jurisdiction if either the act or the result took place there.
By territory |
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How does the burden of proof work for defenses raised by D?
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Once raised, the prosecution must disprove each element of the defense
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What are the 4 essential elements of a crime?
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1. Physical Act
2. Mental State 3. Causation 4. Concurrence |
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What is an act?
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a voluntary bodily movement.
Examples of things that are not "acts"? |
Sleepwalking & other onconscious actions
Reflex or convulsion Someone else moving a person |
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When can failure to act be the basis for criminal activity?
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When the person has
1) A legal duty 2) Knowledge of facts giving rise to that duty 3) A reasonable possibility of acting |
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How can a legal duty to act be created?
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1) By Statute
2) By contract 3) By status/relationship 4) Voluntary assumption of care 5) Creation of the peril |
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When can "possession" be an act?
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1) Control for a period of time long enough to
2) have an opportunity to terminate possession |
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What is constructive possession, in the context of possession as an act?
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Something need not be in the D's actual possession if D exercises dominion and control over it
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What is the definition of Specific Intent?
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When a crime requires not just the desire to act, but also the desire to achieve a specific result
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What are the 11 specific intent crimes?
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1) Assault
2) 1st Degree Murder 3) Larceny 4) Embezzlement 5) False Pretenses 6) Burglary 7) Robbery 8) Forgery 9) Solicitation 10) Conspiracy 11) Attempt |
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What is the definition of Malice?
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Where D acts intentionally or with a reckless disregard for an obvious or known risk.
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What crimes require Malice?
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Common Law Murder
Arson |
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What is General Intent?
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Crimes that require only that D be generally aware of the factors constituting the crime; not the specific result
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All crimes against the person (other than murder) are of what mental state at common law?
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General Intent
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What is strict liability?
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Only requires the act - no mental state
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When is mistake of fact of defense?
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If it's reasonable, any crime except one of strict liability.
If it's unreasonable mistake, then only specific intent crimes. |
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Is mistake of law a defense?
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Generally, no.
Exception: if the statute makes knowledge of law an element of the crime |
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What are the MPC mental states?
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1. Purposely
2. Knowingly 3. Recklessly 4. Negligently 5. Strict Liability |
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How does MPC define purposely?
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Conscious objective to accomplish a particular result (he meant to do it)
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How does MPC define Knowingly?
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D is aware of what D is doing
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How does MPC define recklessly?
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D is aware of a "substantial and unjustifiable risk and consciously disregards that risk.
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How does MPC define negligently?
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D should have known of the substantial and unjustifiable risk
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Under the MPC, when is mistake of fact a defense?
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For Purpose, Knowledge, Reckless: all mistakes of fact are a defense (including unreasonable)
For Negligence: only *reasonable* mistakes of fact For strict liability: Never |
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What is needed to prove causation?
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1) Actual cause (but for D's conduct)
2) Proximate Cause ("natural and probable consequence of D's conduct") 2 Factors? |
1) Foreseeability
2) Fairness |
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How does a pre-existing weakness affect proximate causation?
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It doesn't, D will still be considered the proximate cause even if the weakness contributed to the bad result
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What can break the proximate causal chain?
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An unforeseeable intervening event
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What is concurrence?
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General requirement that D have the culpable mental state at the same time as he engages in the act
When is it important? |
For larceny and burglary
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