MPC MENTAL STATES
the defendant's mental state when they should be aware of a substantial and unjustifiable risk and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation.
what is negligence?
D commits (1) an unlawful breaking and entering of another's dwelling at night AND (2) has the specific intent to commit a felony therein
what is common law burglary?
an unintentional killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony
what is felony murder?
defendant has a mental disease or defect that prevents the defendant from controlling himself
what is irresistible impulse?
MPC mental states (recklessness, knowledge, negligence, purpose) in order of most to least culpable
what is purpose, knowledge, recklessness, negligence?
the defendant's mental state when its their conscious objective to engage in the conduct or to cause the result
what is purposely?
D intentionally invites, requests, or commands another person to commit a crime. If the person agrees, the crime is conspiracy isntead. if the person commits the offense, this crime's charge will merge into the completed offense.
what is solicitation?
an unintentional killing caused by criminal negligence or the commission of an unlawful act
what is involuntary manslaughter?
due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of this action or to conform his conduct to the law
what is the model penal code?
type of conspiracy that requires an overt act
what is modern law/ model penal code conspiracy?
the defendant's mental state when the defendant acts with a conscious disregard of a substantial or unjustifiable risk that constitutes a gross deviation from the standard of conduct of a lay person
what is recklessness?
(1) D obtained title to another's property
(2) by knowingly misrepresenting a pastn or present material fact upon which the victim relied and
(3) did so with the specific intent to defraud
what is false pretenses?
unlawful killing with malice aforethought
what is common law murder?
defendant either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect
what is the m'naghten test?
the four ways malice aforethought can be established
what is (1) D's intent to kill, (2) D's intent to cause serious bodily harm, (3) depraved- heart murder or (4) felony murder ?
the defendant's mental state when the defendant is aware that: (i) her conduct is of the nature required to commit the crime and (ii) the result is practically certain to occur from this conduct
what is knowingly or willfully?
grossly negligent conduct that puts another person at significant risk of injury or death
what is criminal negligence?
murder committed with (1) premeditation and deliberation, (2) heinous acts, or (3) enumerated felony murder
what is first degree murder?
defendant would not have committed the crime but for his having a mental disease or defect
what is the durham rule?
type of mens rea that requires an intent to perform an act that is unlawful.
knowledge that the act is unlawful is not required, it is sufficient t intend to perform the act that the law condemns.
what is general intent?
default mpc mental state when no mental state is stated in the statute
what is recklessness?
D obtained possession of the property and convereted it by so seriously interfering with the victim's property that the victim is deprived of its use and possession.
what is larceny by trick?
an intentional killing based on adequate provocation (i.e. heat of passion) or imperfect self- defense
what is voluntary manslaughter?
bonus question: the party that has the burden of proving insanity and there burden of proof
what is the defendant and by a preponderance of the evidence or clear and convincing evidence?
under this rule, a conspirator is criminally liable for any forseeable crimes committed by a coconspirator acting in furtherance of the conspiracy
what is the pinkerton rule?