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25 Cards in this Set
- Front
- Back
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CL mens rea |
general intent v. specific intent reasonable person standard |
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MPC mens rea |
culpability code - PKRN three material elements of an offense - conduct - circumstance - result |
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CL mistake of fact |
SI --> good faith GI --> honest and reasonable |
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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 |
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negligent homicide |
R (recall this is only at MPC - CL equivalent of manslaughter!) |
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CL voluntary manslaughter |
"heat of passion" & reasonable provocation w/o sufficient "cooling time" |
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MPC voluntary manslaughter |
extreme mental or emotional disturbance + objectively reasonable explanation or excuse |
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CL attempt - conduct |
proximity rule Holmes iteration of proximity rule |
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MPC attempt - conduct |
substantial step |
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CL attempt - mens rea |
SI for all elements of offense |
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MPC attempt - mens rea |
conduct --> P circumstances --> underlying mens rea result --> P |
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CL complicity - conduct |
- supply of aid - encouragement of act |
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MPC complicity - conduct |
- attempt to aid enough - attempt to encourage enough - explicit breach of duty enough facilitation NOT enough! |
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CL complicity - mens rea |
purposive attitude/knowledge natural and probable consequences rule |
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MPC complicity - mens rea |
"imperfect justification" (choice of evils) Conduct --> P Circumstance --> P Result --> underlying mens rea |
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CL excuse/justification - necessity |
reasonable belief that s/he is avoiding the greater evil - no alternative - harm is imminent |
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MPC excuse/justification - necessity |
reasonable belief, plus that reasonable belief must be TRUE |
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CL excuse/justification - self-defense |
- threat of physical harm - reasonable belief - proportional actions |
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MPC excuse/justification - self-defense |
subjective standard - D's mindset adopted imperfect justification (D genuinely thought triggers existed) |
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CL excuse/justification - duress |
similar to necessity NO DEFENSE FOR MURDER |
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MPC excuse/justification - duress |
murder not excluded "person of reasonable firmness" |
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CL involuntary manslaughter |
"criminal negligence" (any other unjustifiable death except voluntary MS) |
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MPC involuntary manslaughter |
Recklessness |
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CL felony murder |
malice implied merger rule |
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MPC felony murder |
essentially abolished - no express felony murder rule in MPC |
