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25 Cards in this Set

  • Front
  • Back

CL mens rea

general intent v. specific intent

reasonable person standard

MPC mens rea

culpability code - PKRN

three material elements of an offense

- conduct

- circumstance

- result

CL mistake of fact

SI --> good faith

GI --> honest and reasonable

MPC mistake of fact

P/K --> any reckless, negligent or reasonable mistake of fact = defense

R --> negligent or reasonable mistake = defense

N --> only reasonable mistake = defense

negligent homicide

R (recall this is only at MPC - CL equivalent of manslaughter!)

CL voluntary manslaughter

"heat of passion" & reasonable provocation w/o sufficient "cooling time"

MPC voluntary manslaughter

extreme mental or emotional disturbance

+ objectively reasonable explanation or excuse

CL attempt - conduct

proximity rule

Holmes iteration of proximity rule

MPC attempt - conduct

substantial step

CL attempt - mens rea

SI for all elements of offense

MPC attempt - mens rea

conduct --> P

circumstances --> underlying mens rea

result --> P

CL complicity - conduct

- supply of aid

- encouragement of act

MPC complicity - conduct

- attempt to aid enough

- attempt to encourage enough

- explicit breach of duty enough

facilitation NOT enough!

CL complicity - mens rea

purposive attitude/knowledge

natural and probable consequences rule

MPC complicity - mens rea

"imperfect justification" (choice of evils)

Conduct --> P

Circumstance --> P

Result --> underlying mens rea

CL excuse/justification - necessity

reasonable belief that s/he is avoiding the greater evil

- no alternative

- harm is imminent

MPC excuse/justification - necessity

reasonable belief, plus that reasonable belief must be TRUE

CL excuse/justification - self-defense

- threat of physical harm

- reasonable belief

- proportional actions

MPC excuse/justification - self-defense

subjective standard - D's mindset adopted

imperfect justification (D genuinely thought triggers existed)

CL excuse/justification - duress

similar to necessity


MPC excuse/justification - duress

murder not excluded

"person of reasonable firmness"

CL involuntary manslaughter

"criminal negligence" (any other unjustifiable death except voluntary MS)

MPC involuntary manslaughter


CL felony murder

malice implied

merger rule

MPC felony murder

essentially abolished - no express felony murder rule in MPC