Mens Rea & Culability
Under the Model Penal Code, what is the default culpability level assigned to a material element if the statute fails to specify a mental state?
What is Recklessness?
Under the MPC, a reckless killing elevates from manslaughter to murder if committed under circumstances manifesting this specific mental state.
What is Extreme Indifference to the Value of Human Life?
Unlike the common law bilateral requirement, MPC § 5.03 adopts this approach to conspiracy, allowing conviction even if the co-conspirator is an undercover officer feigning agreement.
What is the Unilateral Approach?
This constitutional doctrine, rooted in Due Process, invalidates criminal statutes that are so unclear that ordinary citizens cannot understand what conduct is prohibited.
What is the Void-for-Vagueness Doctrine?
Defenses categorized as this type assert that while the defendant committed a wrongful act, they lack personal blameworthiness due to disability or incapacity.
What is an Excuse?
At common law, an honest but unreasonable mistake of fact will negate this specific category of offenses.
What are Specific Intent crimes?
Under the common law, if a defendant has sufficient time between a provocation and a killing for a reasonable person's passion to subside, this rule bars voluntary manslaughter mitigation.
What is the Cooling-Time Rule?
Under this doctrine, common law jurisdictions hold co-conspirators vicariously liable for all reasonably foreseeable crimes committed by co-conspirators in furtherance of the conspiracy.
What is the Pinkerton Doctrine?
This rule of statutory construction dictates that ambiguous criminal statutes must be resolved in the light most favorable to the criminal defendant.
What is the Rule of Lenity (or Rule of Strict Construction)?
Under MPC § 3.02, this defense allows an actor to commit a lesser harm to prevent a greater imminent harm.
What is the Lesser Evils (or Necessity) defense?
Under MPC § 2.02(2)(b), an actor acts with this state of mind regarding a result when they are aware that it is practically certain their conduct will cause that result
What is Knowingly?
Unlike common law provocation, the MPC's Extreme Emotional Disturbance (EED) defense does not require a provocation to originate from this specific individual.
Who is the Victim / Provoker?
To satisfy attempt liability under MPC § 5.01, the actor's physical act must constitute this type of action strongly corroborative of their criminal purpose.
What is a Substantial Step?
Under Common Law, a killing committed during the perpetration of an inherently dangerous felony is classified as this.
What is Felony Murder?
This requirement in causation testing asks whether the result was a "but-for" cause of the actor's physical acts.
What is Factual Cause (or Cause-in-Fact)?
This common law principle requires that the defendant's guilty mind (mens rea) and physical act (actus reus) occur concurrently in time.
What is the Principle of Concurrence?
This homicide rule imposes strict liability for deaths occurring during the commission or attempted commission of an inherently dangerous felony.
What is the Felony Murder Rule?
At common law, this type of impossibility served as a valid defense to attempt, whereas factual impossibility did not.
What is Legal Impossibility?
Common Law malice aforethought includes express malice, intent to inflict grievous bodily harm, felony murder, and this "heart" doctrine.
What is Depraved Heart / Abandoned and Malignant Heart?
An intervening cause breaks the chain of proximate causation only if it is completely unexpected or unforeseeable, legally termed this type of cause.
What is a Superseding Cause?
Question: In MPC § 2.08, if an actor is unaware of a risk owing to voluntary intoxication, this mental state is automatically imputed to them regarding that risk.
What is Recklessness?
This limitation on the felony murder rule prevents prosecution for felony murder when the underlying felony is an integral, assaultive part of the homicide itself.
What is the Merger Doctrine?
nder MPC § 1.07(1)(b), a defendant cannot be convicted of both a target offense and an inchoate crime aimed at that same target offense due to this doctrine.
What is the Merger Doctrine (or Merger of Inchoate Offenses)?
This constitutional command prohibits the government from retroactively punishing conduct that was lawful when performed.
What is the Ex Post Facto Clause?
Under the Model Penal Code, an actor who voluntarily renounces their criminal attempt has a complete affirmative defense only if the renunciation is voluntary and satisfies this condition.
What is Complete (or completely avoids/thwarts the commission of the offense)?