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47 Cards in this Set
- Front
- Back
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MPC General Intent Crime |
No mens rea element is specified; the court will either read in mens rea of P, K, or R (not N) or determine it's a strict liability crime. Rely on legislative intent, history of law (unless it's new - then typically not strict liability). |
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MPC Specific Intent Crime |
Mens rea elements - P, K, R, N |
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C/L General Intent Crime |
No intent listed - not necessarily strict liability. Ex: Rape - just vicious will |
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C/L Specific Intent Crime |
Ex: Burglary = breaking into house at night WITH INTENT to commit felony therein - no MR elements |
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MPC Mistake of Fact |
elemental approach to mens rea - has to negate mens rea element to be a defense. Doesn't matter if mistake of fact was reasonable, just that it's genuinely held belief. Failure of proof defense. |
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C/L Mistake of Fact |
For general intent crimes - mistake of fact is only a defense if it's reasonable. For specific intent crimes at C/L, same as MPC - has to negate intent and is failure of proof defense. |
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MPC Proximate Cause |
Doesn't exist. |
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C/L Proximate Cause |
usually comes into play when there's some intervening cause - Policy Determination |
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C/L Murder |
INTENTIONAL. unlawful killing of another human with malice aforethought: 1) Intent to kill, 2) Intent to cause grievous bodily harm, 3) Depraved Heart Murder, 4) Intent to commit felony & death occurs |
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C/L Manslaughter |
INTENTIONAL. unlawful killing of another human without malice aforethought: 1) with heat of passion upon adequate provocation, 2) misdemeanor manslaughter |
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Pre-MPC Murder |
unlawful killing of another human being: 1) First degree (intentional) , 2) Second degree (unintentional) |
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Pre-MPC Manslaughter |
unlawful killing of another human being: 1) Voluntary Manslaughter (intentional), 2) Involuntary Manslaughter (unintentional) |
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MPC Murder |
unlawful killing of another human being: (INTENTIONAL) 1) P or K, (UNINTENTIONAL) 2) Felony Murder, 3) Under Extreme Indifference to Human Life (Super Recklessness) |
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MPC Manslaughter |
criminal homicide: 1) R, (UNINTENTIONAL) 2) Under Extreme Emotional Disturbance (INTENTIONAL) |
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MPC Negligent Homicide |
Homicide committed with N mens rea - separate from Murder/Manslaughter (UNINTENTIONAL) |
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With Heat of Passion under Adequate Provocation |
(INTENTIONAL) C/L Manslaughter; Words are not adequate provocation at C/L; must be 1) hot under collar 2) at time of act 3) with adequate provocation |
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Pre-MPC First Degree Murder |
INTENTIONAL. Must be committed with Premeditation and Deliberation. (Subsumes 1st two malice aforethought C/L murders) So intent to kill and intent to cause grievous bodily harm fall under these. |
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Pre-MPC Second Degree Murder |
UNINTENTIONAL. (Subsumes 2nd two malice aforethought C/L murders) Murder without deliberation or premeditation. So Depraved Heart and Felony Murder fall under these |
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Extreme Emotional Disturbance |
two components: 1) ∆ must have acted under EED 2) Must be reasonable explanation or excuse for EED - EED must be reasonable reaction, not killing itself |
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C/L Rape |
General intent crime; woman must resist to the utmost; carnal knowledge of a woman not your wife against her will |
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MPC RAPE |
under 10, or not your wife, or unconscious, without her consent - most jurisdictions only require enough force to overcome will of victim |
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MPC Consent |
can be express or implied and can be revoked at any time |
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General Defenses to Crimes |
Failure of Proof, Offense Modification, Justification, Excuse, Nonexculpatory Public Policy Defenses |
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Premeditation |
Pre-MPC first degree murder requirement: think about beforehand; you can premeditate without deliberate (remember Prem - primary, comes first); shallowest cognitive process, shorter time period implied |
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Deliberation |
Pre-MPC first degree murder requirement: to reflect with cool purpose/weigh options; thickest cognitive process, encompasses premeditation; implies more time |
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C/L Necessity |
1) Natural Forces must cause issue, 2) Reasonable Belief that committing act (ii) is necessary, 3) prevent significant and IMMINENT evil (triggering) 4) no adequate alternative (necessary) 5) Harm caused less than harm avoided (proportional) 6) MUST NOT BE AT FAULT FOR ACT (i) 7) not available to homicide 8) Objective "reasonable" standard |
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MPC Necessity
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1) Natural Forces NOT NEEDED 2) Reasonable Belief that committing act (ii) is necessary, 3) triggering event - but no imminence necessary 4) no adequate alternative (necessary) 5) Harm caused less than harm avoided (proportional) 6) CAN BE AT FAULT FOR ACT (i) - can be P or K for (i), but cannot use Necessity if (ii) is R or N 7) AVAILABLE for homicide 8) Subjective standard |
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Justification Elements |
Triggering, Necessity, Proportionality |
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Duress Elements |
Immediate (specific) threat of death or serious bodily harm to self or others, well-grounded fear that threat will be carried out, No reasonable opportunity for escape or to nullify threat |
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C/L Voluntary Intoxication |
is a defense if it negates specific intent for specific intent crimes (burglary) - failure of proof defense |
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MPC Voluntary Intoxication |
is a defense if it negates a MR element of the offense - FOP defense; sets out a special definition of recklessness in case of VI |
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Involuntary Intoxication |
Excuse Defense - C/L and MPC. but only if it renders you essentially Legally Insane. 1) Coerced intoxication 2) Pathological intoxication (black out drunk after 1 beer) 3) Intoxication by Innocent mistake (ate a bad brownie) 4) Unexpected Intoxication Cause by Ingestion of a Medically Prescribed Drug |
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Insanity Tests |
M'Naughten Test, Irresistible Impulse Test, Product Test, MPC 4.01 |
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M'Naughten Test |
at time of act from disease of mind caused him to not KNOW quality/nature of act or if he did not didn't know it was WRONG [Prob: KNOW is broad] |
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Irresistible Impulse Test |
abstractly knows it's WRONG diseased mind makes him not able to overcome impulse [Prob: not every crime is impulsive] |
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Product Test |
also called Durham test unlawful act was the PRODUCT of mental disease or defect [Prob: expert testimony usurped fact-finder role] |
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MPC 4.01 (Insanity Test) |
(1) mental disease or defect lacks SUBSTANTIAL CAPACITY to either APPRECIATE criminality [wrongfulness] of conduct or to conform conduct to law (2) no sociopaths |
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MPC Attempt |
Completed attempt @ conduct crime, Completed attempt @ result crime, Incomplete attempt @ conduct or result Uses Substantial Step test to determine line between prep and perp |
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Doctrines for Prep/Perp Split |
1) Physical Proximity Doctrine 2) Dangerous Proximity Doctrine 3) Indispensable Element Test 4) Probable Desistance Test 5) Abnormal Step Test 6) Res Ipsa Loquitor Test |
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Physical Proximity Doctrine |
act physically proximate to where crime was to be completed |
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Dangerous Proximity Doctrine |
closer in time to completion of crime - not physically close |
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Indispensable Element Test |
SIMILAR TO ABNORMAL STEP TEST - concentrates on what you have yet to do; you have everything except the rat poison in your purse; only something indispensable missing |
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Probable Desistance Test |
∆ engaged in enough conduct that it's more than likely going to happen unless outside force intervenes |
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Abnormal Step Test |
SIMILAR TO INDISPENSABLE ELEMENT - concentrates on what you have already started doing - not normal behavior for law abiding citizen |
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Res Ipsa Loquitor Test |
Per Se something is up - actor's' attempt manifests itself. if you are pointing a gun at someone, you are probably going to shoot them |
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C/L Impossibility |
Factual impossibility not a defense, Pure Legal Impossibility is a defense (inchoate crimes) |
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MPC Impossibility |
does not recognize impossibility as a defense (inchoate crimes) |
