Fill in the blank
The Model Penal Code provides four levels of mental state: (1) purposely, (2) knowingly, (3) recklessly, (4) _______?
Negligently
When the statute is silent regarding the state of mind required, what level of culpability should you apply?
Recklessness
Under common law, what are the four ways to prove a defendant acted with malice aforethought?
(1) Intent to kill, (2) intent to cause serious bodily harm, (3) depraved-heart, and (4) felony-murder.
What is the test for determining whether a defendant is guilty of attempting to commit a crime?
Whether the defendant took a substantial step toward the intended crime that is strongly corraborative of the defendant's criminal purpose.
Denise slips while walking on the sidewalk. She instinctively reaches out to grasp someone for support. Instead, her finger pokes out the eye of Vernon, who was also walking on the sidewalk. Has Denise committed an "act" upon which a criminal battery charge can be used?
No, because this was not a volitional action. Reflexes, convulsions, movements during sleep, and conduct during hypnosis or resulting from hypnosis are not sufficient “acts” because they are not volitional.
The fiveelements of any crime are: (1) actus reus, (2) mens rea, (3) causation, (4) attendant circumstances, and (5) _______?
Concurrence (M/R and A/R must exist concurrently)
What is the test for determining proximate cause?
Whether “the actual result … too remote or accidental in its occurrence to have a [just] bearing on the actor’s liability or on the gravity of the offense.”
Voluntary manslaughter is murder done under what circumstances?
Where the defendant is under the influence of an extreme mental or emotional disturbance for which there is a reasonable excuse or explanation.
What types of conduct constitute a substantial step?
-lying in wait; and
-enticing or seeking to entice the victim;.
Probably not. Daria did not consciously desire, nor contemplate to a practical certainty the serious injury to Vickie that actually occurred. Had she intended to cause such severe injury, she would have done more than simply shove Vickie. Thus, in regard to the nature of the result, Daria did not act with "purpose" or "knowledge."
The test used to determine actual causation is the ________ test.
"But for"
What is the difference between acting negligently and acting recklessly under the MPC?
Negligent is an objective inquiry which asks whether the defendant should have been aware of a substantial and unjustifiable risk. Recklessness is a subjective inquiry that asks whether the defendant was subjectively aware of the substantial and unjustifiable risk involved.
Mary needed to run to the store to grab some items for the house. Unfortunately, her nanny called in sick, so Mary had to take her 3-month old baby with her. After pulling into the store's parking lot, Mary quickly got out of the car and proceeded to go inside the store. It didn't take her long to grab the items, but because only two lanes were open, it took Mary thirty minutes to check out. When she got back to her car, she realized she had left her baby, who unfortunately died of heatstroke. In an MPC jurisdiction, what level of homicide, if any, is Mary likely guilty of?
Negligent Homicide
Lou has amassed a huge gambling debt at the local casino and has no resources to pay it back. He decides to kill his father and use the inheritance to satisfy the debt. Pursuant to this plan, he buys a gun. Is Lou guilty of attempted murder?
Probably not. Although Lou has taken a step toward committing the crime, it is unlikely that simply buying a gun is enough to corroborate his intent to kill his father. If he hired a hitman, or laid out in the bushes outside of his father home, however, those acts would more strongly corroborate his criminal purpose.
Johan intends to kill Vance and buys a rifle for this purpose. While Johan is engaged in target practice in his own backyard, Vance unexpectedly walks by and is killed by a bullet that ricochets from the target. Is Johan guilty of murder?
No, because although Johan had the intent required and performed the act causing Vance's death, there was not sufficient concurrence between the state of mind and physical act.
The death of another during the commission of the following crimes can support a charge for felony-murder: (1) burglary, (2) rape, (3) arson, (4) kidnapping, (5) ______?
Robbery (you can use the mnemonic "BARRK" to remember these crimes).
How does the MPC differ from the common law regarding theft crimes?
The common law distinguishes between different types of theft (i.e. larceny, false pretenses, larceny by trick,etc.). The MPC, however, lumps all of the theft crimes together into one statute and grades the offense based on specific circumstances.
Carla, intending to kill Lisa, stabs her in the heart with a knife. Through heroic medical care and a bit of luck, Lisa survives the assault. Two years later, while playing basketball with her son in the backyard, she has a heart attack and dies. The coroner reports that Lisa’s heart had been severely weakened as the result of the wounds inflicted by Carla, and that, but for Carla actions, Lisa would not have died. May Carla be prosecuted for murder at common law?
No. The year-and-a-day rule would bar prosecution. Realistically, today, a coroner could make the type of causal determination involved here, but not at common law, so the rule was strict—366 days after the homicide, a prosecution is barred.
Chris plans to buy stolen property from AJ, who he knows will be at a given location at midnight. Chris arrives at the location as scheduled, but AJ has since been arrested and will not show up. Is Chris guilty of attempted receipt of stolen property?
Yes. Chris has done everything he could do to consummate the crime and failed only because of AJ's intervening arrest. This is a case of factual impossibility, which is not a recognized defense under the MPC.
Chuck's son is ill and doctors report that surgery is essential. Chuck does not have the money at the moment to pay for further medical care and therefore does nothing. If his child dies because the surgery is not performed, is Chuck guilty of some homicide offense?
Possibly. An omission is an "act" only if the defendant could have performed the duty violated. Thus, if Chuck could not have obtained medical assistance to afford the surgery, his omission would be insufficient to support a homicide conviction.
The difference between larceny and embezzlement is ______?
Whether the defendant had lawful possession of the property at the time of the crime. Larceny involves a trespassory taking, while embezzlement involves initial lawful possession.
N/A
N/A
V sexually assaults ten-year-old C. V is arrested for the crime. In court two months later, V testifies, admits the attack, and laughingly says, “I enjoyed it.” C’s mother is in the court, hears his remarks, pulls out a gun she smuggled into the court, and shoots and kills V. Murder or manslaughter, under the common law? Model Penal Code?
Murder under the common law, and manslaughter under the MPC. If the words-alone rule applies, then V's statement is likely not adequate provocation. The assault happened months ago, so Mother had time to "cool off" theoretically. The premeditated act of smuggling the gun suggests Mother planned this out.
Under the MPC, it is highly likely that Mother was under the influence of an extreme emotional disturbance. She was extremely angry about the laughing and likely experienced the deep emotions from the abuse of her child. It seems highly likely that a jury would find her excuse/explanation reasonable under the circumstances.
Can a defendant be convicted of an attempt crime and the commission of the crime?
No, the attempt merges into the completed crime.
While Ursula is standing on the side of a busy highway, Sebastian approaches her from behind and stabs her. Ursula pulls away from him, falling on the highway. Shortly thereafter, a passing car strikes Ursula and she dies from the combined effects of the knife wound and the impact from the car. Is Sebastian guilty of any criminal homicide offense?
Yes. Although death was caused by an uncontemplated manner, there is nothing here to break the chain of causation. It was foreseeable that a struggling victim along the side of a highway might accidentally fall into traffic.