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47 Cards in this Set

  • Front
  • Back
What is the formula for criminal law?
AR + MR + C, unless E or J
Possession and the MPC
2.01(4) - Possession is only criminal if the D KNEW he had possession, and had time to TERMINATE possession.
Status and criminal culpability
A person may NOT be convicted for merely have a certain status or condition.
Voluntary Acts
2.01(2) - Three types of involuntary acts:
1. Reflex or convulsion
2. Unconsciousness
3. Hypnosis
2.01(3) - There must be either a statute or a duty to act.
Mens Rea:
"if it is his conscious object to engage in conduct of that nature"
Mens Rea:
"if he is aware that his conduct is of that nature"
Mens Rea:
"if he consciously disregards a substantial and unjustifiable risk"
Mens Rea:
"if he SHOULD have been aware of a substantial and unjustifiable risk"
Strict Liability
Strict liability crimes are ONLY violations!
What if the mental state requirement is missing?
The default position is recklessness!
What if the statute only contains one mens rea requirement?
All elements of the statute will require that mens rea element.
Does purposely or knowingly meet the elements of a reckless crime?
Mistake of Fact
Mistake is a defense when it negates the existence of a material element of the offense.
Does mistake of fact need to be reasonable?
Mistake of Law
Mistake is a defense when it negates the existence of a material element of the offense.
Willful Blindness:
1. What section of the MPC?

2. Definition?
1. Section 2.02(7)

2. KNOWLEDGE is established when a person is aware of a high probability of its existence, UNLESS he actually believes that it does not exist.
1. What section of the MPC?

2. What is the MPC definition?

3. What can Intox never be used a defense for?
1. Section 2.08

2. Voluntary intoxication is NOT a defense unless it negatives an element of the offense.

3. Voluntary intoxication can NEVER be a defense for recklessness.
What are the four theories of punishment?
1. Retribution
2. Deterrence
3. Incapacitation
4. Rehabilitation

What is criminal homicide (under the MPC)?
210.1 - Criminal homicide is:

1. murder, manslaughter, or negligent homicide.
What mens rea elements meet criminal homicide?
ALL four!

Murder - what are the MR requirements?
1. Purposely or knowingly;
2. Recklessly with extreme indifference to the value of human life.

Manslaughter (Voluntary manslaughter) - what are the MR requirements?
1. Recklessly;
2. Provocation Doctrine

Negligent homicide (involuntary manslaughter) - what are the MR requirements?

The actor does NOT have to intend the result, he must have IGNORED the risk of harm!
The Provocation Doctrine:
A. Definition
B. MPC Section
C. Elements
A. Reduces Murder to Manslaughter IF the actor is acting under the influence of extreme mental or emotional disturbance

B. 210.3

C. Elements:
1. Legally Adequate Provocation
2. Actual Provocation
3. Would a reasonable person have cooled off?
4. Did the D cool off?
5. Was the act in response to the SPECIFIC provocation?
The MPC and the Provocation Doctrine
A homicide that would otherwise be murder is manslaughter when it is committed under the influence of extreme mental or emotional disturbance!
The Felony Murder Rule:

What sec. of the MPC?
What are the limitations to the Felony Murder Rule?
1. Enumeration;
2. Inherently Dangerous Felony;
3. Merger Doctrine;
4. Agency Rule;
5. res gestae
The MPC approach to Felony Murder:
1. When is it appropriate?

2. What MR is assumed for the felon?
Only in cases of robbery, arson, burglary, kidnapping or felonious escape.

The assumption is that the D acted RECKLESSLY with extreme indifference (and thus it is murder).
What is the two-part test for Causation?
1. "but for" test

2. Proximate cause
1. What sec of the MPC?
Proximate Cause:

What are the factors?
1. Probability that the result would have occurred;

2. Is the second actor's conduct responsive to the first actor's conduct?

3. Is the second actor MORE blameworthy than the first?
Rape and the MPC:
1. What section?

2. What are the limitations of the MPC?
1. 213.1

2. The attacker must be male; the victim must be male; a wife is NOT protected!
Rape and the MPC:

What constitutes rape?
1. Force or threat of force on anyone;

2. Impairment

3. Unconscious

4. < 10 years old.

Resistance Requirement
The resistance requirement is NO longer needed!

Any act of penetration without the freely-given permission constitutes rape.
1. What MPC section?

2. What is the MPC definition?
1. 5.01

2. Guilty of attempt if he PURPOSELY does or omits to do something that is a SUBSTANTIAL STEP in the course of conduct.
1. What is the MPC section?

2. What is the MPC requirement?
1. 5.01(4)

2. Must be a complete and voluntary renunciation. It CANNOT be due to circumstances that increase the probability of detection or apprehension.
1. What is the MPC section?

2. What constitutes complicity under the MPC?
1. 2.06

a. Actor causes an innocent person to engage in conduct;

b. Actor solicits another person, aids or attempts to aid another person, has a legal duty to prevent commission.
1. Is presence a basis for accomplice liability?

2. Is omission a basis for accomplice liability?
1. NO! Guilt by association is NOT a basis!

2. YES! A failure to act can carry the same criminal culpability as commission of an act.
1. What MPC section?

2. What is the MPC definition?

3. What are the limitations?
1. 3.02

2. Conduct is justifiable IF the harm sought to be avoided is GREATER than the harm from the conduct.

3. Does NOT apply if the actor brought about the situation through recklessness or negligence!
1. What MPC section?

2. What is the MPC definition?

3. What are the MPC limitations?
1. 3.04

2. Self-defense is justifiable when the actor believes that such force is immediately necessary to protect himself.

3. The actor MUST believe that force is necessary to protect against death, serious injury, kidnapping, or rape.
What are the common law limitations of self-defense?
1. Necessity;
2. Proportionate;
3. Reasonable belief;
4. Imminent;
5. Not Initial Aggressor;
6. Retreat.

The "but for" test - what if both X and Y injure Z, causing his death?
X and Y can both be held liable IF their actions were a SUBSTANTIAL FACTOR in bringing about the result.
Proximate Cause:
1. What MPC section?

2. Definition
1. 2.03(2)

2. If the act is "not too remote or accidental"
A. What is the MPC section for attempt?

B. What is the two part test for attempt?
A. 5.01

B. 1. Actor must have the intent to commit the actus reus of the crime

2. Actor must take a substantial step
Attempt and Strict Liability, Recklessness, and Negligence
A person CANNOT be liable if the crime is requires only negligence, recklessness, or no mental state at all.

A person can't attempt to act negligently!!!
Gross Sexual Imposition:
1. What section of the MPC?

2. What constitutes?
1. 213.2

2. Mentally impaired

3. Victim is unaware of act or believes actor to be her husband.