Crim Final Meredith MPC

MANSLAUGHTER

100

Involuntary manslaughter

• MPC require recklessness but create a lesser crime of negligent homicide which only requires criminal negligence.

200

Recklessly

• i.)A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.

300

Voluntary Manslaughter 

Mitigates murder to voluntary manslaughter when a person kills purposely, knowingly, or extremely recklessly while suffering from an “extreme mental or emotional disturbance” (EMED

400

EMED

Reasonable Explanation or Excuse must exist for the EMED, “determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.”

500

Under the Influence 

• Under the Influence: Requires the killer still be “under of the influence” of the disturbance at the time of the killing.

Incohate

100

Solicitation 

• . Criminal liability applies to any crime solicited. A defendant could also be guilty of solicitation for requesting conduct that would constitute an attempt or make the other person an accomplice. If a person completely and voluntarily renounces his criminal intent, and either persuades the person he solicited to abandon the crime or prevents them from committing it, then he will not be guilty of solicitation

200

Conspiracy

• majority of common law jurisdictions and the MPC require an overt act performed by a member of the group in furtherance of the conspiracy. the MPC and some jurisdictions allow withdrawal to constitute a defense to the past crime of conspiracy, however, and the MPC also requires a defendant to “thwart the success of the conspiracy.” The MPC and the modern trend recognize unilateral conspiracies.

300

Attempt

A “substantial step in a course of conduct planned to culminate in commission of the crime” is sufficient if it is “strongly corroborative of the actor’s criminal purpose

Substantial Step: The MPC test. Provides for attempt liability earlier than other tests. Includes scouting out the scene where the crime is to be committed.

400

Withdrawl and defense

• the MPC does but requires withdrawal to be complete (decision to never commit the offense) and voluntary (true change of heart). A withdrawal cannot be made after an attempt is complete. Therefore, factual and legal impossibilities are not defenses to attempt. The only impossibility recognized by the MPC, where the crime imagined by the actor does not exist under the law.

500

Attempt mental state

Belief that a result will occur is sufficient for an attempt of an offense that requires a result. No additional mental states are required for attendant circumstances beyond those required for the complete commission of the crime.

Mental state

100

Purposely 

• i.)A person acts purposely with respect to a material element of an offense when:
• (1.)if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
• (2.)if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

200

Knowingly

• i.)A person acts knowingly with respect to a material element of an offense when:
• (1.)if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
• (2.)if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

300

Recklessly

• i.)A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.

400

Negligently

• i.)A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.

500

Defaults

• If no mental state appears, a reckless mental state applies to all material elements.
• If only one metal state appears with one material element, assume the legislature intended that term to apply to all material elements, absent clear language.
• The MPC Precludes strict liability and provides that at least negligence will apply to material elements for which no clear legislative intent applies.
• General rule: A more culpable mental state satisfies a requirement for a less culpable mental state

Misc Differences

100

Pinkerton

The MPC rejects Pinkerton liability, and liability for crimes that are the natural consequences, but creates liability for attempts, even if the party one intended to assist never attempted the crime. The MPC requires that one assist or encourage with “the purpose of promoting or facilitating the commission of the crime.” With respect to reckless or negligent results, however, the MPC provides that an accomplice need only have the mental state required for the offense.

200

Deadly Force

 A minority of jurisdictions and the MPC require retreat before using deadly force only if one can safely do so. Even these jurisdictions do not require retreat in one’s home, the Castle Exception.

300

Actus Reas

• A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act or the omission to perform an act of which he is physically capable.

400

not voluntary movements

• a reflex or convulsion;
• a bodily movement during unconsciousness or sleep;
• conduct during hypnosis or resulting from hypnotic suggestion;
• a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

500

Murder

The MPC includes within “murder” an “extreme indifference to human life.”

MISC DIFFERENCES

100

Robbery

• Doesn’t require person or presence

200

causation

• Only requires actual causation, defined as but-for causation. The MPC treats proximate causation as an issue of mental states but provides that no culpable mental state exists if the injury or harm was “too remote or accidental

300

mistake

The MPC largely follows the common law’s approach. The MPC also provides that if a defendant’s mistaken belief would make him guilty of a lesser offense, if circumstances had been as the defendant believed them to be, then he can be punished for that lesser offense.

400

Premeditated and Deliberate Murder

he MPC does not differentiate between premediated-and-deliberate murder and intentional murder.

500

Felony murder 

• includes killings committed “recklessly, under circumstances manifesting extreme indifference to the value of human life.” The jury can presume recklessness if the defendant engaged in rape, robbery, arson, kidnapping, burglary, or felonious escape, although the presumption can be rebutted.