Mens Rea/Actus Reus
Under the MPC, this level of culpability is met when the prohibited result is "practically certain" to follow from the conduct.
What is knowingly?
True or False: The Model Penal Code (MPC) recognizes different degrees of murder.
What is false?
True or False: there is a reasonableness requirement for self-defense in both the common law and MPC.
What is false? There is only a reasonableness requirement for self-defense in the common law.
True or False: Under the MPC, someone is only liable for solicitation if the communications are successful.
What is false? MPC requires unilateral communication; it is enough that the communication was attempted (§ 5.02(2)).
Under Common Law, communication must be successful (bilateral).
Both the Common Law and MPC § 2.03(1)(a) use this test to determine actual cause. Describe the test.
What is the "But-For" Test? This test asks if the result would have occurred in the absence of the defendant's conduct.
At Common Law, a "reasonable" mistake of fact is required to negate the mens rea for this broad class of crimes.
What are general intent crimes?
This type of Common Law murder involves "extreme recklessness" or a "wanton and willful disregard for human life."
This famous Common Law insanity test focuses solely on whether the defendant "knew the nature and quality of the act" or that it was wrong.
What is the M'Naghten rule?
The MPC distinguishes itself from Common Law by allowing for this type of conspiracy.
What is unilateral conspiracy? Only one person needs to truly intend to agree to the crime, unlike bilateral conspiracy required under Common Law.
A defendant is guilty of Burglary if they trespass and enter a building with the intent to commit _____, regardless of whether it is actually completed
What is a felony?
According to the MPC, if a statute does not specifically state a culpable mental state, this level of culpability (and those above it) is assumed.
What is recklessness?
Under the MPC, a homicide that would otherwise be murder is reduced to manslaughter if committed under this specific influence, judged from the actor's situation.
What is Extreme Mental or Emotional Disturbance?
At Common Law, a defendant in this age range is subject to a "rebuttable presumption" that they lack criminal capacity.
What is 7 to 14 years old?
This test for attempt, used to determine if an act went beyond mere preparation, asks if the act is so near to the crime that there is a high probability of its completion.
What is the dangerous proximity doctrine?
Under the Common Law, this type of intervening cause is less likely to break the chain of causation than a "coincidental" one because it is a reaction to the defendant’s prior wrongful act.
What is Responsive Intervening Causation?
Generally, there is no criminal liability for this "negative act" unless a legal duty to perform it exists.
Also, list all exceptions.
What is an Omission?
Situations that create duty to act: (1) Statute imposes a duty, (2) Relationship status creates duty, (3) One assumes a contractual duty, (4) One voluntarily assumes care and thus secludes helpless person from receiving care from third party, (5) One created the initial harm
Under the Common Law "heat of passion" standard established in cases like Girouard v. State, this specific type of interaction is categorically excluded from being considered "adequate provocation." Also, how does the MPC handle this?
What is words alone?
The MPC allows words alone if they are reasonable enough to satisfy extreme mental or emotional disturbance.
Under the MPC, a person must retreat before using deadly force if they can do so safely, unless they are in these two locations.
What is dwelling or place of work?
Describe the common law conspiracy doctrine referred to as "Pinkerton Liability."
Liable for all foreseeable acts of co-conspirators.
If you withdraw, you will still be liable for the overall conspiracy, but you are not liable for subsequent crimes of co-conspirators
These types of offenses, which are malum prohibitum are often strictly liable and typically regulatory in nature. --- Also, what is the MPC equivalent?
What are public welfare offenses? The MPC equivalent is "violations" (§ 2.05).
In a statutory rape case, the age of the victim is considered this part of the actus reus. What does this mean?
What is an attendant circumstance? This means it is a factual element not modified by the mens rea.
Name three of the six circumstantial factors mentioned in State v. Forrest that can be used to prove premeditation and deliberation.
(1) Lack of provocation on part of deceased. (2) Conduct and statements of ∆ before and after killing. (3) Threats and declaration of ∆ before and during killing. (4) Ill-will or previous difficulty between the parties. (5) Dealing of lethal blows after victim has been felled and rendered helpless. (6) Evidence that killing was done in a brutal manner. ----- Also acceptable: nature and number of victim's wounds.
Unlike the Common Law, which excludes this defense for any form of murder, the MPC allows it as a defense even for intentional killings.
Also, list the elements of this defense.
What is duress?
(1)Immediate threat of death or serious bodily injury, (2) Well-grounded fear that the threat will be carried out, (3) No reasonable opportunity to escape the threatened harm
In the context of Attempt, distinguish between Factual Impossibility and Pure Legal Impossibility regarding their status as defenses.
Factual Impossibility (where the goal is a crime but fails due to unknown facts) is NOT a defense. Pure Legal Impossibility (where the actor thinks they are breaking a law that doesn't exist) IS a defense.
This Common Law category describes a person who, with knowledge of a felon's guilt, assists them specifically to hinder their detection, arrest, or trial.
What is an accessory after the fact?