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25 Cards in this Set
- Front
- Back
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Three[/four] types of actual cause
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But for
Acceleration Substantial Factor [Concurrent] |
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MPC Proximate Cause
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Was result w/in the [purpose, etc.] of the actor? If so, YES; if not, Did the actor [intend, etc.] the same kind of harm? If not, NO, if so, Was the actual result too remote/accidental to have a [just] bearing on liability?
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CL Murder (not Penn)
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express malice
implied malice (depraved heart; grievous bodily harm) felony murder |
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Penn Murder 1st Degree
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Deliberate, willful, and premeditated
Certain specified types Specified felonies |
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Penn Murder 2nd Degree
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Deliberate and willful but not premeditated
Unspecified felonies Depraved heart Grievous bodily harm |
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CL/Penn Manslaughter
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Sudden passion
Non-extreme recklessness Misdemeanor (Penn just categorizes them as "voluntary" and "involuntary") |
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sufficient provocation under:
old CL maj./MPC |
Discovering spouse; mutual combat; severe assault; resisting illegal arrest; injury to a close relative. Words never enough.
Sufficiency question goes to the jury. Words rarely enough. |
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MPC Murder
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Purposeful/Knowing
Extreme recklessness [listed felonies and intent to cause grievous bodily harm raise a rebutable presumption of recklessness] |
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MPC Manslaughter
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Non-extreme recklessness
Extreme emotional disturbance |
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MPC's 3rd category
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Negligent homicide
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Abandonment for accomplices
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Must neutralize the effect of D's actions (including notifying the police). MPC allows "other appropriate and proper efforts."
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MR for accomplice liability
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1) intent to aid/abet/solicit/encourage/fail to prevent if duty is established
2) requisite degree of MR for conviction |
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MR for solicitation
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1) intent to request
2) intent that the crime occur |
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Three ways the MPC differs from CL about solicitation
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1) All crimes, not just serious ones
2) uncommunicated counts 3) MPC allows renunciation--if you stop the crime from happening. No defenses under CL. |
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The 4 elements of CL conspiracy
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Plurality
Intentional formation of agreement Intent for crime to occur overt act |
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Controversial exceptions of conspiracy procedure
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hearsay evidence allowed
jurisdictional requirements waived to allow joint trial Pinkerton doctrine: joint and several liability for all acts done w/in scope, in furtherance, and reasonably foreseeable |
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4 MPC differences on conspiracy
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no Pinkerton
no plurality requirement no Wharton's rule merges--so if there is no liability for the completed offense, there is no liability at all different defenses |
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Conspiracy defenses
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CL and MPC both don't hold conspirator liable if he voluntarily WITHDRAWS/ABANDONS and lets all co-conspirators know.
MPC also allows an affirmative defense of renunciation if D additionally thwarts the success. |
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Severity of punishment for attempt
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CL: less
MPC: same except for 1st degree felonies |
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MPC's def. of "attempt"
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completed attempt, conduct crime: D's actions would be the crime if circumstances were as he believed them to be
completed attempt, result crime: D believes that his actions are sufficient to cause the result incomplete attempt: substantial step |
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Insanity tests (
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McNaughten: either didn't know what the act was or didn't know it was wrong.
"Irresistible impulse"--mostly modified McNaughten Durham test--product MPC: either didn't appreciate the nature of the act or lacked substantial capacity to conform. |
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Requirements for self defense
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clean hands
retreat if safe (castle/stand your ground exceptions) imminence proportional subjectively and objectively necessary |
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Necessity elements
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CL and MPC are basically the same
lesser of 2 evils (factfinder) imminent threat clean hands (less than required MR under MPC) |
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Duress elements (CL)
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threat of deadly force
imminent danger no opportunity for escape clean hands |
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Duress elements (MPC)
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coerced
reasonably firm person couldn't resist not reckless or worse AND less than the required MR. |
