Term
| MPC 2.01 Requirement of a Voluntary Act |
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Definition
(1) A person is guilty of a offense only when his liability is based on conduct from a voluntary act
(2) voluntary acts are not, (a) reflex or convulsion, (b) a bodily movement during unconsciousness or sleep, (d) a bodily movement that is not made by a determination of the actor
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Term
| MPC 2.01 Requirement of a Voluntary Act (Omissions) |
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Definition
(3) An omission is not a basis for liability unless;(a) the omission is expressly made liable by statute (b) There is a legal duty imposed by law.;(4) possession is considered a voluntary act. |
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Term
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Definition
(1)Purposefully (2)Knowingly
(3)Recklessly (4)Negligently |
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Term
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Definition
| conscious object to engage in conduct, or to cause such a result, or an awareness of attendant circumstances, or he hope or believes that the circumstances exist. |
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Term
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Definition
| an awareness that his conduct involves the nature of the element of the statute and he is practically certain his conduct will cause a result. |
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Term
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Definition
| consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct |
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Term
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Definition
| Should be aware of a substantial and unjustifiable risk that the material element exists or will result from conduct. And involves a gross deviation from the standard of care that a reasonable person would observe in the actors situation. |
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Term
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Definition
"but for" the actor's action, the result in question would not have occurred.
When purposefully or knowingly causing a particular result is an element of an offense, the element is met if the actual result was the purpose or contemplation of the actor
Exceptions (a) if the result was the wrong guy or property or the injury was greater than intended, causation remains (b) If the result is too remote or accidental, causation is not established. |
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Term
| MPC 2.03 Causation (2/2)(reckless/Neg) |
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Definition
When Reckless or Negligently causing a particular result is an element of an offense, the element is established if the result is within the risk of which the actor is or should have been aware.
Same exceptions as purposefully or knowingly.
When absolute liability is imposed by statute, causation is established if the result was a probable consequence of the actor's conduct. |
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Term
| MPC 2.04 Ignorance or mistake (Fact) |
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Definition
ignorance or mistake of fact or law is a defense if ignorance or mistake negatives the mental state.
Mistake of fact defenses: Purpose, knowledge, or reckless requires an honest mistake to excuse Negligence requires an honest and reasonable mistake excuse |
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Term
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Definition
| # committed recklessly, or * mitigated by extreme mental or emotional disturbance (EMED) for which there is reasonable excuse from the viewpoint of a person in the actors situation. * Manslaughter is felony of the second degree. |
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Term
| MPC 2.04 Ignorance or mistake (Law) |
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Definition
A mistake of law is only a defense when:
a. The statute defining the offense is not known to the actor and has not been published or otherwise made reasonably available prior to the conduct alleged, or
b. He acts in reasonable reliance upon an official statement of law, later discovered to be erroneous, by a public officer or body charged with responsibility for the interpretation of the law. |
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Term
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Definition
| Criminal Homicide that is committed Negligently, felony of the third degree |
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Term
| MPC 2.06(1)(2) Liability for Conduct of Another. |
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Definition
Guilty if offense is committed by ones own conduct or the conduct of a person which he is legally accountable for.
A person is legally accountable for the conduct of another when: he is an accomplice of such person. |
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Term
| MPC 2.06(3) Accomplice Criteria |
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Definition
A person is an accomplice if: with the purpose of promoting or facilitating the commission of the offense he,
1. Solicits such other persons to commit it, or
2. Aids or agrees or attempts to aid such other person in planning or committing it, or
3. Having a legal duty to prevent the commission fails to make proper effort, or
4. His conduct is expressly declared by law to establish complicity.
Must have the same mental state required to be convicted of the crime. |
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Term
| MPC 2.06(4) Accomplice Abandonment |
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Definition
| Not an accomplice if: terminates his complicity prior to the commission of the offense and wholly deprives it of effectiveness in the commission of the offense or gives timely warning to the law enforcement authorities or otherwise prevents the commission of the offense |
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Term
| MPC 5.03 Criminal Conspiracy |
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Definition
| A person is guilty if with the purpose of promoting or facilitating its commission he:* agrees that one of them will engage in conduct or * agrees to aid such other person in the planning or commission of such crime |
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Term
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Definition
A person is guilty of attempt when he:
purposefully engages in conduct that would constitute the crime if the attendant circumstances were as he believed them to be
When causing a particular result is an element of the crime, does or omits something with the purpose of causing or with the belief that it will cause a result without further conduct on his part
commits a substantial step in a course of conduct planned to culminate in the commission of the crime. |
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Term
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Definition
| Abandonment - it is an affirmative defense if the actor abandoned his effort to commit the crime or otherwise prevented its commission only when the circumstances manifest a complete and voluntary renunciation of criminal purpose. In order to be voluntary it cannot be motivated in part or whole by an increased probability of detection or apprehension of being caught. |
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Term
| MPC 5.01 Attempt's Substantial Steps |
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Definition
Lying in wait, searching for or following the contemplated victim of the crime, Enticing or seeking to entice the contemplated victim to go to where the crime is to be committed
Reconnoitering the place where the crime is to be committed
Unlawful entry
Possessing tools that serve no lawful purpose or material that are to be employed in an unlawful purpose
Soliciting an innocent agent to engage in conduct constitution an element of the crime.
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Term
| MPC 210 Criminal Homicide |
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Definition
| Guilty of homicide if purposefully, knowingly, recklessly or negligently causes the death of another human. (Murder, manslaughter, or negligent homicide). |
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Term
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Definition
| # Purposely or knowingly, or * committed recklessly manifesting extreme indifference to the value of human life. This is assumed in attempt or flight from committing * , rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape. * Murder is felony of the first degree. |
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Term
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Definition
| * A person is guilty of burglary when they o enter a building or occupied structure o with the purpose of committing a crime therein + exceptions – doesn't apply to buildings open to the public or abandoned buildings. o 2nd degree felony if it occurs at night, inflicts or attempts to inflict bodily injury on anyone, or the person has explosives or a deadly weapon. o All other circumstances are 3rd degree felony. |
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Term
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Definition
* Simple Assault (Misdemeanor)
o A person is guilty of assault if he attempts or causes, purposely, knowingly or recklessly bodily injury to another; or
o negligently causes bodily injury to another with a deadly weapon; or
o Attempt to put someone in fear of imminent serious bodily injury.
* Aggravated Assault (Felony)
o Purposely, knowingly or recklessly attempting to cause serious bodily injury to another manifesting extreme indifference to the value of human life; or
o Purposely or knowingly causing bodily injury to another with a deadly weapon. |
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Term
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Definition
* Purposefully or causing an explosion to destroy a building, property, or whatever.
* Reckless burning or explosion constitutes Arson if places building/people in danger. |
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Term
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Definition
# No mental needed- If you remove a person from residence, business, or a substantial distance from where you found him, or unlawfully confines for substantial amount of time for the purpose of
* ransom, reward, shield or hostage or
* facilitate any felony or flight thereafter or
* inflict bodily injury or terrorize victim or
* interfere with gov. or political function |
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Term
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Definition
# a male who has sexual intercourse with a female not his wife is guilty of rape when:
* he compels her to submit by force, threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on any
* he as substantially impaired her power to appraise or control her conduct
* she is unconscious
* the female is less than 10. |
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Term
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Definition
A person is guilty of robbery if, in the course of committing a theft he;
inflicts serious bodily injury upon another, or threatens another with or purposely puts him in fear of immediate serious bodily injury, or;commits or threatens immediately to commit any felony of the first or second degree. |
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Term
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Definition
| o a person is guilty of theft if he unlawfully takes, or exercises unlawful control of, movable property of another person with purpose to deprive him thereof. |
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Term
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Definition
| Sexual predator argues civil Sexually Violent Predator Act is actually a punitive statute. Rule: A civil label will only be rejected when the party challenging provides the clearest proof that the statute is so punitive in nature or effect to negate the civil intention. Courts look at the legislators intent by looking at where the Legislator put the statute, the wording of their statute, and whether the statue is punitive. |
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Term
| Five rationals for punishment |
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Definition
| Retribution, Deterrence, Incapacitation, Rehabilitation, Denunciation |
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Term
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Definition
| Kant's "just deserts" Moral Blameworthy |
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Term
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Definition
Bentham Everyone with calculate and measure pleasure over pain
John J. DiIuilo Jr. critique "You never expect to do 30 when you don't expect to live past 30." Intercity youth are so present focused that they can't comprehend future events. |
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Term
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Definition
Keeps the criminal from committing other crimes. All theories do this but this theory focuses on elimination or restricting the ability and opportunity of a potential criminal to commit crime. Doesn't need to be complete incapacitation "forbidding Internet access for web pedophile"
Principle part of require a prediction about the likelihood of a particular offender committing another crime. |
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Term
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Definition
Rather than intimidating or disabling a criminal, this rational hopes to reform criminal so they no longer wish to commit crime. Focuses on reducing future crime.
Popular in the 60's and 70's. Society views this as being lost. |
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Term
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Definition
The most important aim of this theory is to reassure the majority of society that the system does work.
Punishment is a way to express society’s disapproval of blameworthy conduct.
United States v Bergman - Rabbi who rips off Federal Government argues that he doesn't need prison time because it does not meet the rational for punishment. Rule: The purpose of punishment is individualized but also to promote general deterrence and to reassure society that the system works. |
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Term
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Definition
1. Statute
2. Relationship
3. Contractual
4. Voluntarily Assumed |
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Term
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Definition
| crimes that require no Mens Rea. if one does an act and any remaining non-mental elements are fulfilled. |
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Term
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Definition
| Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession. Joint and constructive possession are also valid. |
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Term
| Strict Liability Under the MPC |
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Definition
No culpability required where the statute explicitly states that it is not required
Where the Statute is ambiguous to mental state, must prove recklessness or above |
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Term
| Strict Liability Under the Common Law |
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Definition
| Where no mental state is mentioned, must go through a Seven Factor Test to decide whether the there is strict liability. Generally where a mental state is not mentioned one can assume that it is a general intent crime. However in order for Strict Liability to stand the punishment must be low, mainly a fine of some sort, with minimum sentencing, most likely a misdemeanor. A felony would probably be too much and would require a mental state. |
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Term
| Mistake of Fact (Common Law) |
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Definition
Specific Intent Offenses requires any honest mistake for specific intent excuse (Burglary- intend to steal then steal)
General Intent Offense requires only honest and reasonable mistakes for material element excuses. (Rape- no intention necessary if the act is done) |
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Term
| Willful Blindness (This is not a defense) |
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Definition
| 2 elements to constitute willful blindness the defendant was aware of a high probability of the fact in question. the defendant consciously and deliberately avoided learning of that fact. Mere negligence or mistake in failing to learn of the fact is not sufficient. There must be a deliberate effort to remain ignorant of the fact. MPC § 2.02(7) knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist. |
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Term
| Acceptable Sources of Provocation |
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Definition
1. Mutual combat
2. Extreme assault and battery - see Lawton
3. Injury to a close relative
4. Illegal arrest
5. Sudden discovery of spousal adultery – see Dennis/Shane |
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Term
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Definition
| Generally only when statute expressly calls for it. Usually a light sentence. In State v Guminga, court determined that should only include fines, forfeitures, or other civil penalties, not crimes. |
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Term
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Definition
| Common Law moved to a compromise position on intoxication, allowing mitigation for specific intent crimes but disallowing it in general intent crimes. 1. A drunk man is capable of forming an intent to do something simple, such as strike another, unless he is so drunk that he is unconsciousness. 2. One who has voluntarily impaired his own faculties should be responsible for the consequences. See Montana v. Egelhoff. |
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Term
| Mistake of law (Common Law) |
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Definition
Specific Intent offenses mistake of law can be a defense
when honest mistake negatives the mens rea for the offense
Reasonable reliance
You have to (1) rely on a (2) official statement, (3) later determined to be erroneous, (4) from an official person. (Cox v. LA, protestors)
General Intent offenses mistake of law is not a defense |
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Term
| Provocation Doctrine Requirements |
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Definition
1. Adequate Provocation
2. No time to cool off
3. Actual provocation
4. No actual cooling off |
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Term
| Causation (common law)(475-496)(1/2) |
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Definition
Cause in fact + Proximate cause
Cause in Fact
"but for" cause – Whether without the defendant's act the death would not have occurred. |
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Term
| Causation (Common Law) (2/2)(proximate C) |
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Definition
Legal cause/Natural and foreseeable consequences "how and when"
In general an independent intervening cause will absolve a defendant, however, in order to be independent the intervening cause must be unforeseeable, an extraordinary and abnormal occurrence.
This deals with probability. The consequence need not have been a strong probability; a possible consequence which might reasonably have been contemplated is enough.
Result oriented crimes (i.e.- homicide) |
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Term
| Common Law Limitations to Felony Murder Rule |
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Definition
1. Enumeration - a statute expressly indicates what felonies apply.
2. Inherently Dangerous - Rule applies only to felonies deemed inherently dangerous ether in the abstract (see People v. Sanchez, a car chase is not inherently dangerous) or in the actual factual case at hand
3. Merger - Felony must be independent from the homicide.
4. Agency/In furtherance of - it is necessary to show that the conduct causing the death was done in furtherance of the design to commit the felony. Death must be a consequence of the felony and not merely coincidence.
5. Res Geste - Felony murder rule ceases to apply when the defendant has reached a place of safety |
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Term
| Attempt (common law)(1/3) |
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Definition
Punishable to the same degree as actually committing the crime.
Attempt is always considered a Specific Intent Crime even for general intent crimes.
Last Act- Points gun, puts finger on trigger.
Dangerous Proximity-Whats left to be done for crime. |
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Term
| Attempt (common law)(2/3) |
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Definition
3 ways Attempt arises:
(1)Try and Fail; (2)In process of trying. Ex: Come to class with gun in bag with intent to kill Williams; (3)Try, but mistaken about some fact. (impossibility) |
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Term
| Complicity Common Law Terms |
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Definition
1. Principle in the first degree – actual perpetrator not an accomplice
2. Principle in the 2d degree – assisted the perp.(same punishments as perp)
3. Accessory before the fact – assist but not present (same punishment)
4. Accessory after the fact – assists/hides the perp. after crime (less punishment). |
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Term
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Definition
1. Innocent Instrumentality- Because mental state is lacking, no complicity. (mail man)
2. Actions protected by statute. |
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Term
Attempt (common law)(3/3)
Impossibility/Abandonment |
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Definition
Abandonment- Give up your criminal purpose voluntarily
3 types of impossibility (1)Factual Impossibility; (2)Legal Impossibility; (3)Inherent Impossibility
(1)Factual- Never a defense
(2)Legal- Can be...
(3)Inherently Impossible- always a defense |
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Term
| Unilateral v. Bilateral (Conspiracy) |
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Definition
Under MPC- Either unilateral or bilateral for conspiracy
Under common law-only bilateral |
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Term
| Mere Common Law Conspiracy-Knowledge |
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Definition
| Usually not enough, unless; 1. Inflated Charges 2. Sale of item with no legitimate use 3. Inflated amount of sales |
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Term
Self Defense (Common law)(1/2)
3 elements of self defense |
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Definition
Necessity- the actor needs to reaonably belive that the force is necessary to avert the percived threat. Were there other options to prevent the attack?
Proportionality - You have to meet with force with like force.
Reasonable Belief
Actually believe that deadly force is being used.
That belief was reasonable. |
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Term
| Self Defense (Common Law) (2/2) |
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Definition
A person is justified in using deadly physical force against another when he reasonably believes that such conduct is necessary to defend himself or a 3rd party against another's use of unlawful force.
Retreat
Majority View- a person does not have to retreat or avoid a situation where self-defense would be required.
Minority View- a person cannot use deadly force against another if he knows that he can avoid the necessity of using that force with complete safety. |
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Term
| Overt Act (Common law conspiracy) |
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Definition
| Majority rule is that an overt act that furthers the conspiracy is necessary. |
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Term
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Definition
| any conspirator in a continuing conspiracy is responsible for the illegal acts committed by his cohorts in furtherance of the conspiracy, (1) within the scope of the conspiracy, and (2) reasonably foreseeable by the conspirators as a necessary or natural consequence of the unlawful agreement. |
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Term
| The corrupt motive doctrine (Conspiracy) |
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Definition
| Can't be held under conspiracy when they lack a corrupt or wrongful intent. They don't realize what they are doing is a crime. |
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Term
| Common Law Conspiracy - Duration of the conspiracy |
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Definition
A conspiracy can only terminates with the crime that are its object are committed.
Minority exception: or the agreement is abandoned. see Jimenez Recio 1.
Impossibility is not a basis for termination because the conspiracy poses a threat to the public because those involved with a conspiracy are likely to commit other crimes. |
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Term
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Definition
| Traditionally, not able to abandon conspiracy. |
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Term
| MPC 5.03 Criminal Conspiracy |
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Definition
A- Scope-If you are aware that the person you conspired with has other conspirators even though you don't know their identities, you are guilty of conspiring with them also.
B- Overt Act- No person shall be convicted of conspiracy to commit a crime, other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is done.
C- Renunciation- It is an affirmative defense that the actor, after conspiring, thwarts the success of the conspiracy, manifesting a complete and voluntary renunciation of his criminal purpose.
D- Duration- Until the act is committed or the agreement that they be committed are abandoned by the defendant and by those with whom he conspired. |
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