MPC MENTAL STATES
negligence
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
common law burglary
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
felony murder
an unintentional killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony
irresistible impulse
defendant has a mental disease or defect that prevents the defendant from controlling himself
MPC mental states in order of least to most culpable
what is negligence, recklessness, knowledge, purpose
purposely
the defendant's mental state when its their conscious objective to engage in the conduct or to cause the result
solicitation
D intentionally invites, requests, or commands another person to commit a crime. If the person agrees, the crime is conspiracy instead. if the person commits the offense, this crime's charge will merge into the completed offense
involuntary manslaughter
an unintentional killing caused by criminal negligence or the commission of an unlawful act
model penal code
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
the four ways malice aforethought can be established
(1) D's intent to kill, (2) D's intent to cause serious bodily harm, (3) depraved- heart murder or (4) felony murder
recklessness
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
false pretenses
(1) D obtained title to another's property
(2) by knowingly misrepresenting a past or present material fact upon which the victim relied and
(3) did so with the specific intent to defraud
common law murder
unlawful killing with malice aforethought
m'naghten test
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
general intent
knowledge that the act is unlawful is not required, it is sufficient to intend to perform the act that the law condemns
knowingly or willfully
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
common law accomplice liability principal in the second degree
under the common law, a principal in the second degree is a person who (with the requisite mens rea) aids or abets a principal to or during the crime and is physically or constructively present during the commission of the crime.
a principal in the second degree is liable for target & foreseeable crimes
first degree murder
murder committed with (1) premeditation and deliberation, (2) heinous acts, or (3) enumerated felony murder
durham rule
pinkerton rule
a conspirator is criminally liable for any foreseeable crimes committed by a coconspirator acting in furtherance of the conspiracy
what is the default mpc mental state when no mental state is stated in the statute
recklessness
common law accomplice liability principal
under the common law, a principal is a person whose criminal act or omission is the actus reus AND is physically or constructively present at the scene of the crime.
a principal is liable for the target & foreseeable crimes
voluntary manslaughter
an intentional killing based on adequate provocation (i.e. heat of passion) or imperfect self- defense
burden of proof for insanity defense
preponderance of the evidence & clear and convincing evidence
MPC accomplice liability accessory after the fact
a person who aids or assists a felon in avoiding apprehension own conviction after committing a felony and knows a felony was committed