Homicide
Under this approach to homicide there is no distinction between voluntary/involuntary manslaughter
What is the MPC approach?
this number is the age of consent in the majority of jurisdictions
what is 16
This crime has been committed at common law if there is (1) a tresspassory (2) taking (3) and carrying away (4) of the personal property (5) of another person (6) with the intent to permanently deprive the other person of that property.
What is larceny?
These two tests look at attempts of crimes.
What is the substantial step text under MPC and the physical proximity test under common law?
This is the name of the rule for the insanity defense under common law.
What is the M'Naughten rule?
Jane has a bag of cocaine that she gives to her friend Becky. Becky snorts the cocaine and dies because it was laced with fentanyl. Jane is guilty of this crime under the MPC approach to homicide
What is negligent homicide? (would also accept manslaughter but explain why)
(1) Sexual intercourse, (2) with someone who is not the spouse of the defendant, who is (3) under the age of consent are the three elements of this crime.
What is statutory rape? (bonus points: at common law)
The Vice President of Operations of a sorority tells all the girls to give her $100 for their collab hoodies with White Fox. But she is an influencer so she gets the hoodies for free. Her friend is mad because the VPO used the money for her vacation and her friend can't believe she would deprive everyone of their own money. The VPO is guilty of this crime.
What is embezzlement?
If the defendant shoots a person that they thought were alive, but they are not this could possibly be a defense under common law.
What is hybrid legal ipossibility?
Aria, Hanna, Spencer, and Emily all receive a very odd text message at the same time. "I see you are all at a cafe, and if you don't steal the purse of the girl sitting behind you I will set fire to your parent's house just like you did to Jenna.- A" This is all true. The girls can possibly invoke this defense if they steal the purse.
What is duress?
Under this approach, this category of crime says words are not enough for provocation
what is common law voluntary manslaughter
The actus reus for rape has a jurisdictional split for these two types of mens rea.
What is recklessness or negligence?
Amelie is walking around Paris admiring the flowers when Pierre runs up behind her and snatches her purse. Pierre is guilty of this crime for this reason.
What is larceny because there was no element of fear?
If someone solicits a crime such as burglary and the solicited person commits it, they will be guilty of just burglary under this rule.
What is merger of attempt and solicitation?
Kaylee is trying to get away from the meaner girls in her class. She tries to befriend this girl with black hair who always wears a star inside of a circle around her neck. A little weird but ok. She goes on a drive with the girl and suddenly wakes up in her basement surrounded by people holding candles, knives, and the girl tells Kaylee they must sacrifice her. Kaylee pepper sprays all the people and runs out of the house. She can invoke this defense.
What is self defense?
What is the felony murder rule under the common law approach?
The MPC takes a graduated approach to sexual assault under these three distinctions.
(1) aggravated physical force or restraint, (2) physical force or restraint, (3) absence of consent
Joe picks up a wallet that is not his at the end of class and wants to permanently keep it right when he picks the wallet up. He saw the girl sitting in front of him with the same wallet and say she can't wait to spend her $5 at the bake sale tomorrow. He opens the wallet and there is $5. He walks into the lost and found at his apartment complex when he goes home and asks if this was anyone's wallet. They say no and he walks to the 7/11 nearby to get a Slurpee. Joe is guilty of this crime at common law and this crime under the MPC.
What is larceny at common law and theft under the MPC?
Frank is sitting outside of Chase bank waiting for Joe to commit robbery. One of Joe's captives is his ex girlfriend and Joe steals her wedding ring off her finger because he is so upset. Frank is this guilty of this crime because of this doctrine, but not guilty of this crime because of this doctrine at common law.
This self-defense doctrine allows a defendant who honestly—but unreasonably—believed deadly force was necessary to have a murder charge reduced, often to voluntary or involuntary manslaughter.
What is imperfect self-defense?
What is manslaughter and the merger doctrine? (will also accept voluntary manslaughter and the independent felonious purpose rule)
Lacie is known around for being a tease, and even became Tik Tok famous for recording the reactions of men she brings home to her apartment when she kicks them out drunk. Lacie's friend Joe and her go out to the bar one night, and Joe has liked Lacie for awhile. She takes him back to her apartment so when Lacie tries to kick him out he thinks it is part of her banter. They start kissing by the door and she says "no," but laughs. but He eventually penetrates her 100% believing she consented, but then she starts crying and he stops. Joe may not be guilty for rape under this state of mind.
What is recklessness? ("no" is enough for negligence)
These four distinctions differentiate the modern burglary statute from the common law.
What is no (1) breaking requirement, (2) any building or structure, (3) any time of day not just at night, and (4)intent to commit any crime not just a felony?
Under federal criminal law, this requirement for conspiracy goes beyond mere agreement and is satisfied when at least one co-conspirator takes a concrete step—such as purchasing materials or scouting a location—to advance the planned crime.
What is an overt act?
Under this rule, a defendant who initiates a conflict generally loses the right to claim self-defense—unless they clearly withdraw and communicate that withdrawal, or in some jurisdictions, if the victim responds with disproportionate force.
What is the initial aggressor rule?