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41 Cards in this Set

  • Front
  • Back

1.13

Voluntary act

2.01

voluntary act defined

2.02

General Mens Rea Definitions


Purposefully, Knowingly, Recklessly, Negligently

2.03

Casual Connection (causation)

2.04

Mistake of fact/ Mistake of law

2.05

Strict Liability

2.06

Vicarious Liability

2.08

Intoxication

2.09

Duress

2.12

De Minimus

3.02

Necessity (choice of evils)

3.04

Self Defense

3.05

Defense of other

3.06

Defense of Property

3.09

Cannot Place your self (recklessly/Negligently) into the harm

4.01

Mental Defect

5.01

Attempt

5.02

Solicitation

5.03

Conspiracy

210.1

Homicide

210.2

Murder

210.3

Mansluaghter

210.4

Negligent homicide

213.1

Rape

221

Burglary

222

Robbery

223

Theft

Common law Conspiracy

2 fold intent required:


Intent to combine with others;


intent to accomplish the illegal objective

Pinkerton

Act of one is acting for all


Liability is cut off when the act is not in furtherance of the crime, not within the scope of the unlawful project...

MPC Conspiracy

AR: agree to commit


MR: Purpose of promoting/facilitating crime


Intent as to conduct, Intent as to result, Agreement with one or more people

Intended Consequence Doctrine

If an intentional wrongdoer gets what she wanted-- she gets the result she wanted in the manner she wanted-- she should not escape criminal responsibility even if an unforeseen event intervened

Adequate Provocation (Common Law)

Sudden and intense


Must have in fact been provoked


No cooling off period


Defendant did not in fact cool off

Involuntary Manslaughter

Criminal Negligence


Misdemeanor manslaughter rule


Felonies not included in felony murder

MPC § 210.3 Description

Committed recklessly, Killing but with Extreme Emotional Disturbance or Mental disturbance. Subjective standard

MPC § 210.2 Description

Purposely, Knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.

MPC § 210.4 Description

Criminal homicide constitute Negligent homicide when it is committed negligently

Justification defense

The harm caused by the justified behavior remains a legally recognized harm which is to be avoided whenever possible. Harm is outweighed by the need to avoid an even greater.

Excuse Defense

Admit that the deed may be wrong, but excuse the actor b/c conditions suggest that the actor is not responsible for his deed.

Insanity

Type of excuse defense

Self Defense

type of Justification Defense

Duress


Intoxication

type of excuse defense