Criminal Law, Mpc

Front 1

MPC 1.13(2): What is "act" or "action"

Back 1

Bodily movement whether voluntary or involuntary

Front 2

MPC 1.13(9): What is "element of an offense"?

Back 2

(i) conduct or (ii) attendant circumstances or (iii) a result of conduct [there is more to it in the book]

Front 3

MPC 1.13(10): What is "material element of an offense"?

Back 3

Basically the elements that the actor is culpable for (like, not jursidiction, etc...)

Front 4

MPC 1.13(11): Synonyms for "purposely"

Back 4

"with purpose", "design"

Front 5

MPC 1.13(12): What is "intentionally"

Back 5

The same as purposely

Front 6

MPC 1.13(16): What is "reasonably believes"

Back 6

A belief which the actor is not reckless or negligent in holding

Front 7

MPC 2.01: What are key elements actus under MPC?

Back 7

Voluntary, omissions, knowing possession

Front 8

MPC 2.01: What are the four involuntary acts under MPC?

Back 8

1) Reflex/convulsion, 2) unconscious/sleep, 3) hypnosis, 4) any other that isn't your determined effort

Front 9

MPC 2.02: What are the four levels of mens rea under MPC?

Back 9

Puposely, knowingly, recklessly, negligently

Front 10

MPC 2.02: What is the key phrase for knowingly?

Back 10

Practically certain that his conduct will cause a result

Front 11

MPC 2.02: What is reckless?

Back 11

Consciously disregarding a substantial and unjustifiable risk... a gross deviation from standard of conduct

Front 12

MPC 2.02: What is negligent?

Back 12

Should be aware of a substantial and unjustifiable risk... involves a gross deviation from standard of care of reasonable person

Front 13

MPC 2.02(3): What is the lowest level of mens rea when not specified?

Back 13

Reckless

Front 14

MPC 2.02(6): Does conditional intent fall under MPC?

Back 14

Yes

Front 15

MPC 2.02(8): What is the equivalent of "willfull"?

Back 15

Knowingly

Front 16

MPC 2.02(7): What is "high probability"?

Back 16

If knowledge of a fact is an element, it will be established if aware of high probability, unless you believed it didn't exist

Front 17

MPC 2.04(1): When is mistake of fact or law a defense?

Back 17

If ignorance/mistake negatives mens rea element

Front 18

MPC 2.04(2): When is mistake of fact or law not a defense?

Back 18

If situation as D supposed leads to D guilty of a different crime, then reduced grade of charged crime

Front 19

MPC 2.04(3): When does ignorance of law provide a defense?

Back 19

1) not reasonably availabe prior to offense or 2) official reliance

Front 20

MPC 2.04(3)(b): What qualifies as official reliance defense?

Back 20

Rely on official statement determined inaccurate in (i) statute, (ii) judicial decision, (iii) admin. order, (iv) official interp.

Front 21

MPC 2.06(2): Comlicity, when are you accountable for another?

Back 21

1) You cause innocent person to commit crime (w/ your mens rea), 2) statute makes you liable, or 3) accomplice

Front 22

MPC 2.06(3): What is the key term for accomplice liability?

Back 22

You act with "pupose of promoting or facilitating the comission of the offense"

Front 23

MPC 2.06(3)(a): What are three acts to being an accomplice?

Back 23

1) solicit someone to commit, 2) aid, agree, or attempt to aid in planning or committing, 3) if you legal duty you do not make proper effort

Front 24

MPC 2.06(6): Can a victim of the offense be complicit?

Back 24

NO

Front 25

MPC 2.06(6): How do you terminate complicity?

Back 25

Prior to commission: 1) remove the effectiveness of my actions, 2) give timely notice to authorities or try to stop crime yourself

Front 26

MPC 2.08(1): Is intoxication a defense?

Back 26

Only if it negatives an element of the offense

Front 27

MPC 2.08(2): If reckleness establishes an element how is intoxication treated?

Back 27

Then self induced intoxication is not a defense

Front 28

MPC 2.09(1): What is duress defense?

Back 28

Affirmative defense: coerced to commit by force or threat which "person of reasonable firmess" could not resist

Front 29

MPC 2.09(2): When is duress not available as a defense?

Back 29

If you recklessly put yourself in a situation where duress is probable. If crime has negligence standard, then negligently putting yourself in same position would qualify as well

Front 30

MPC 2.13(1): What qualifies as entrapment (briefly)?

Back 30

1) making statements that make D think it is not illegal or 2) persuasion that would tempt people who aren't ready to commit

Front 31

MPC 3.02: When is the choice of evils defense available?

Back 31

The harm or evil sought to be avoided is greater than that sought to be prevented by the law

Front 32

MPC 3.02(2): When is coice of evils defense not available?

Back 32

If you recklessly or negligently put youself in a situation when you have to make the choice

Front 33

MPC 3.04: When is use of force justifiable for self protection?

Back 33

If D believes such force is immediately necessary for pretection

Front 34

MPC 3.04(2): When is use of force (non deadly) not allowed?

Back 34

Resisting arrest or resisting force when someone is trying to protect their property from you

Front 35

MPC 3.04(2): When is deadly force justifiable?

Back 35

Protecting yourself from death, serious bodily harm, kidnapping, or sexual intercourse

Front 36

MPC 3.04(2): When is deadly force not justifiable?

Back 36

When you provoked the use of force, when you can retreat (except from your home or work)

Front 37

MPC 3.06(1): When can I use force to protect property?

Back 37

1) to prevent trespass or removal of property or 2) retake property (only in pursuit and other person has no claim)

Front 38

MPC 3.06(3): When can I not use force to protect property?

Back 38

1) I must ask them to stop (w/ some conditions) and 2) allow trepassers through if it would be dangerous to them to not be allowed

Front 39

MPC 3.06(3): What about deadly force to protect property?

Back 39

Not justified unless: a) someone tries to take your home or b) they are using deadly force

Front 40

MPC 3.07(1): When is force not allowed by police?

Back 40

a) actor must make reason for arrest known and b) valid warrant

Front 41

MPC 3.07(2)(b): What are limitations on use of deadly force by police?

Back 41

a) arrest must be for a felony, b) the crime is deadly force or substantial risk if apprehension delayed

Front 42

MPC 3.09: Is ignorance a defense if you use force incorrectly?

Back 42

NO

Front 43

MPC 3.11: What does "dwelling" mean?

Back 43

Any building or structor though movable or temporary, or a portion thereof, which is for the time being that actor's home or place of lodging

Front 44

MPC 5.01(1): What is the definition of "attempt"

Back 44

I have culpability for crime and a) engage in conduct that would have effect crime, b) if I try to cause a result element or c) I take a "substatial step"

Front 45

MPC 5.01(2): What is a "substantial step" in attempt?

Back 45

Conduct that is "strongly corroborative" such as lying in wait, enticing, reconnoitering, unlawful entry, possession, etc...

Front 46

MPC 5.01(3): How do I establish myself as complicit in an attempt crime?

Back 46

If I have conduct to assist as in 2.06 even if the crime isn't committed or attempted by the other person

Front 47

MPC 5.01(4): How do I renounce a criminal attempt?

Back 47

A complete and voluntary renunciation of criminal purpose

Front 48

MPC 5.01(4): When is renunciation not available in attempt?

Back 48

Not vountary if motivated by probably detection or apprehension. Not complete is just postponed.

Front 49

MPC 210.0: What is "bodily injury"?

Back 49

Physical pain, illness, or any impairment of physical condition

Front 50

MPC 210.0: What is "serious bodily injury"?

Back 50

A substantial risk of death or serious, permanent disfigurement, or protracted loss or impairement of the function of any member or organ

Front 51

MPC 210.1: What is criminal homicide?

Back 51

Purposely, knowingly, recklessly, or negligently causing death: murder, manslaughter, or negligent homicide

Front 52

MPC 210.2: What is murder

Back 52

Except 210.3(1)(b), 1) purposely or knowingly committing homicide or 2) extreme indifference to value of human life acting recklessly (presume in felony murder)

Front 53

MPC 210.3: What is manslaughter?

Back 53

Reckless homicide or murder under 210.2 when under influence of "extreme emotional disturbance" with a subjectively reasonable explanation

Front 54

MPC 210.4: What is negligent homicide?

Back 54

Criminal homicide committed negligently

Front 55

MPC 2.11(1): What is the general statement on consent? (2 elements)

Back 55

(1) It is a defense if it negatives an element or (2) precludes the evil/harm the statute sought to prevent

Front 56

MPC 2.11(2): What are the two conditions under which I can give consent to bodily harm (2)?

Back 56

(1) harm is not serious, (2) athletic contest. There is a third statement referring to Article 3 of MPC

Front 57

MPC 2.11(3): What are some situations where consent can't be given by the victim?

Back 57

(1) legally incompetent, (2) if you know they are unable to make choice (youth, infirmity, etc), (3) duress, force, deception

Front 58

MPC 3.05(1): When am I allowed to use force to protect others (3)?

Back 58

(1) If I am justified under 3.04 (self protection) or (2) the protected person would be justified and (3) believes intervention is necessary

Front 59

MPC 3.06(5): When can I use a device to protect my property?

Back 59

(1) it won't risk serious bodily harm, (2) it is subjectively reasonable to use it, (3) it is a simple device and you try to warn intruders

Front 60

MPC <multiple>: When can I use confinement as force?

Back 60

I can use it for property or for protection but only if I release the person as quickly as I can safely do it