MISTAKE
Mistake Of Law: COMMON LAW
Mistake of the law is no excuse.
"But For"/Actual Causation
- test used in both the MPC and the Common Law
- must prove that the defendant/their actions were the actual cause, the result would not have occurred absent their actions
UNDER MPC: If "but for" fails, NO LIABILITY
Under common law: If "but for" fails, use substantial factor
MPC Homicide Categories
Murder
Manslaughter
Negligent Homicide
SELF DEFENSE COMMON LAW AND MPC
COMMON LAW: One may defend self to the extent they reasonably believes to be necessary. (more objective approach)
MPC: One may defend self to the extent defendant believes necessary. (more subjective approach)
ACTUS REUS
The voluntary act of actually, physically, committing the crime
* causation is within actus reus
Mistake of Law: MPC
Mistake of law is no excuse... except where the mistake is reasonably based on a statement from the proper official
Professor Jurs loves his...
theories of punishment
MURDER
- the unlawful killing of another person with purpose or knowledge
- reckless circumstances manifesting extreme indifference to human life (depraved heart, felony murder)
DEFENSE OF OTHERS
When a person reasonably believes that a third party is in danger of unlawful interference from others and is imminent danger, they may defend the third party.
LIMITATIONS:
Unlawful force: may not use force to defend against person against the laewful use of force by another
Alternative ego rule: defense is allowed only to the extent other person could defend themselves, based on reasonable belief of how the situation is percieved to be
MENS REA
The mental state required to commit the crime
MPC MENTAL STATES: recklessness * , purpose, knowledge, negligence
* common law presumes knowledge
Mistake of Fact: MPC
if mistake negates the mens rea of the crime, mistake is accepted as a defense
Proximate Cause: MPC
- result of actions should not be too far attenuated than what was within the mens rea of the crime
(purpose, recklessness, knowledge, negligence)
Manslaughter
MPC:
- recklessly causing death
- mental or emotional disturbance
- mental or emotional distrubance: must be actually emotionally disturbed and disturbance must be reasonable
COMMON LAW:
- unlawful killing of another without malice aforethought
- negligence, recklessness, heat of passion with adequate provocation
DURESS
Elements of duress:
1) an immediate threat of death or serious bodily injury to the actor or third person
2) a well-grounded fear that the threat will be carried out
3) the threat was imminent, present, and impending at the time of the criminal act
4) no reasonable opportunity to escape the threatened harm
5) the actor was not at fault in exposing themselves to the crime
(duress applies to every offense EXCEPT MURDER)
Malice Aforethought
express malice: manifestation of deliberate intention to unlawfully take the life of another
implied malice: lack of considerable provokation, showing an abandoned or malignant heart and lack of care for human life
Mistake of Fact: COMMON LAW
Specfic Intent versus General Intent
SI: Cannot be committed by mistake. Mistake accepted as defense, no matter how reasonable.
GI: only reasonable mistakes are accepted as a defense.
Case and case explanation
any case
EXTREME EMOTIONAL DISTURBANCE
the emotional disturbance must be ACTUALLY emotionally disturbed and must be reasonable from the point of view of someone in the actors position 210.3(1)(b)
NECESSITY
Elements of Necessity:
1) the act must have been done in order to prevent a significant evil
- was there a reasonable belief that an emergency existed or was harm reasonably foreseeable?
2) there must have been no adequate alternative
3) the harm caused must not have been disproportionate to the harm avoided
4) the defendant must not have caused the initial harm
Felony Murder Limitations (bonus if you can give the list of crimes)
Exceptions: - actual causation, proximate causation, independent felony rule
BARRK
Wilful Blindness
Common Law: knowledge must be ACTUAL knowledge, not merely knowledge of likelihood or likely knowledge.
MPC: if defendant is aware of high probability of a fact, knowledge is not a defense, unless if the defendant ACTUALLY believes that the fact does not exist (MPC 2.07)
Proximate Cause: Common Law
(INCLUDE RIDEOUT FACTORS)
- narrows causation to be close enough for criminal liability; direct and natural result of acts
-6 factors that affect proximate cause in common law: apparent safety, de minimus, omissions, foreseeability, voluntary human interference,
Provokation Test & 4 Elements of Provokation
Girouard: calculated to inflame passion of a reasonable man to act out of passion rather than reason. words alone are not enough; must be accompanied by a present intention and ability to harm
1. adequate provokation
2. killing done in heat of passion
3. sudden heat of passion
4. causal connection between provokation, passion, and fatal act
INSANITY AND INTOXICATION
INSANITY:
McNaughten: the accused party must prove that, at the time of comitting the act, they were laboring under such a defect of reason from disease of the mind as to not know the nature and quality of the act, or if he did know, he did not know that what he was doing was wrong.
MPC:
A defendant may be relieved of criminal responsibility
1) when, as a result of mental disease or defect, the defendant lack substantial capacity to appreciate the criminality of his conduct
2) when, as a result of mental disease or defect, the defendant lacked substantial capacity to conform his conduct to the requirements of the law
INTOXICATION:
COMMON LAW:
Voluntary: only applicable to specific intent crimes, so long as the intoxication negates the required mens rea of the crime.
This is taken at a heightened standard
Involuntary: The defense of involuntary intoxication is rarely, if ever, accepted. It is, however, a defense to both general and specific intent crimes.
MPC:
Voluntary: is a defense only if the intoxication negates an element of the crime.
Involuntary: is often treated with the same standard as insanity. However, they are exculpated if they lack the mens rea or specific intent of the crime.
case and case explanation
any