Criminal Law Mpc Flashcards

Front 1

Model Penal Code 1.02-Purposes

Back 1

a.to forbid and prevent conduct that unjustifiably inflicts or threatens substantial harm to individual or public interest;

b.to subject to public control persons whose conduct indicates that they are disposed to commit crimes;

c.to safeguard conduct that is without fault from condemnation as criminal;

d.to give fair warning of the nature of the conduct declared to constitute an offense;

e.to differentiate on
reasonable grounds between serious and minor offenses

Front 2

Model Penal Code 1.13- The Act requirement

Back 2

(2)”act” or “action” means a bodily movement whether voluntary or involuntary;
(3)”Voluntary” has the meaning specified in Section 2.02;
(4)”omission” means a failure to act….

Front 3

Model Penal Code 2.01 (1)-Requirement of Voluntary Act…

Back 3

(1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he physically capable…

Front 4

Model Penal Code 2.01(2)- Requirement of Voluntary Act…; Defenses

Back 4

2) The following acts are not voluntary acts ...;
a.a reflex or convulsion;
b.a bodily movement during unconsciousness or sleep;
c.conduct during hypnosis or resulting from hypnotic suggestion;
d.a bodily movement that otherwise is not a product of the effort or determination of the actor; either conscious or habitual…

Front 5

Model Penal Code 2.01(4)- Possession as an Act…

Back 5

4) Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing being possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Front 6

Model Penal Code 2.01 (3)- Omission as Basis for Liability…

Back 6

3) Liability for they commission of an offense may not be based on an omission unaccompanied by action unless;
a.the omission is expressly made sufficient by the law defining the offense, or
b.a duty to perform the omitted act is otherwise imposed by law…

Front 7

Model Penal Code 2.02 (1)- General Requirements of Culpability,

Back 7

1) Minimum Requirements of Culpability. Except as provided in Section 2.05 [absolute liability], a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may with respect to each material element of the offense…

Front 8

Model Penal Code 2.02 (2)- General Requirements of Culpability,(Application of Culpability Requirement)

Back 8

4) Prescribed Culpability Requirement Applies to All Material Elements. When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material element thereof, such provision shall provision shall apply to all the elements of the offense unless a contrary purpose plainly appears…

Front 9

Model Penal Code 2.02 (2)- a) Purposely

Back 9

A person acts purposely:

i) if the element involves the nature of his conduct of a result thereof, if is his conscious object to engage in conduct of that nature or to cause such a result; and

ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

Front 10

Model Penal Code 2.02 (2)-b) Knowingly

Back 10

ii)if the element involves the result of his conduct, he is aware that it is practically certain that his conduct will cause such a result…

Front 11

Model Penal Code 2.03(2)- Clausal Relationship Between Conduct and Result; Divergence Between Result Designed or Contemplated and Actual Result or Between Probable and Actual Result.

Back 11

2) When purposely or knowingly causing a particular result is an element of an offense, the element is not established if he actual result is not within the purpose of contemplation of the actor unless:

Front 12

Model Penal Code 2.03(2)- Clausal Relationship Between Conduct and Result....Exceptions (a)

Back 12

(a)the actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused….

Front 13

Model Penal Code 2.02(7)- Requirement of Knowledge Satisfied by Knowledge of High Probability.

Back 13

a.When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist.

Front 14

Model Penal Code 2.02(8)- Requirement of Wilfulness Satisfied by Acting Knowingly.

Back 14

a.A requirement that an offense be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears.

Front 15

Model Penal Code 2.02(2)- (d) Negligently

Back 15

A person acts negligently...when he should be aware of a substantial and unjustifiable risk that the material element exist or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it... involves a gross deviation from the standard of care that a reasonable person ...

Front 16

Model Penal Code 2.02(2)-(c) Recklessly

Back 16

A person acts recklessly ...when he consciously disregards a substantial and unjustifiable risk that the material element exsists or will result from his conduct. The risk must be to a degree that...its disregard involves a gross deviation from the standard of conduct of law-abiding person...

Front 17

Model Penal Code 2.04(1)- Ignorance or mistake as to the matter of fact…is a defense if:

Back 17

a.the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
b.the law provides that the state of mind established by such ignorance or mistake constitutes a defense

Front 18

Model Penal Code 2.04(mistake of law)-(3)A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense bases upon such conduct when:

Back 18

a.the statute or other enactment defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged or
b.he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in

Front 19

Model Penal Code 2.04-(1) Ignorance or mistake as to a matter of… law is a defense if;

Back 19

a.the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
b.the law provides that the state of mind established by such ignorance or mistake constitutes a defense.

Front 20

Model Penal Code 2.04-(2) Exceptions to Ignorance or mistake defense: (Lesser legal wrong)

Back 20

...the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed.

Front 21

Model Penal Code 2.08(4)- Intoxication.

Back 21

(4) Intoxication which (a) is not serf-induced or (b) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacks substantial capacity either to appreciate its criminality [wrongfulness] or to conform his conduct to the requirements of law.

Front 22

Model Penal Code 2.06(1) -Liability for Conduct of Another; Complicity

Back 22

(1)A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

Front 23

Model Penal Code 2.06(2)- A person is legally accountable for the conduct of another person when:

Back 23

(a) Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such a person by the code or by the law defining the offense; or
(c) He is an accomplice of another person in the commission of the offense.

Front 24

Model Penal Code 2.06(3)- A person is an accomplice of another person in the commission of the offense, he

Back 24

1.with the purpose of promoting or facilitating the commission of the offense, he
a.solicits such other person to commit it; or
b.aids or agrees or attempts to aid such other person in planning or committing it; or
c.having a legal duty to prevent the commission of the offense fails to make proper efforts to do so; or
(b) his conduct is expressly declared by law to establish his complicity.

Front 25

Model Penal Code 2.06(4)- When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense

Back 25

...if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.

Front 26

Model Penal Code 2.06(5)- A person who is legally incapable of committing a particular offense himself may be guilty thereof if

Back 26

it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his capacity….

Front 27

Model Penal Code 2.06(7)- An accomplice may be convicted on proof of the commission of the offense and of his complicity therein,

Back 27

though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.

Front 28

Model Penal Code 2.06(6)- a person is not an accomplice in an offense committed by another person if:

Back 28

(c) he terminates his complicity prior to the commission of the offense and
(i) wholly deprives it of effectiveness in the commission of he offense; or
(ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

Front 29

Model Penal Code 242.3- Hindering Apprehension or Prosecution (Post-Crime Aid)

Back 29

A person commits an offense if, with purpose to hinder the apprehension, prosecution, conviction.

Front 30

Model Penal Code 210.1-Criminal Homicide.

Back 30

A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.