crimes
This crime consists of the unlawful killing of another human being with malice aforethought.
What is: common law murder
This case held that the person at fault for starting the encounter cannot use self-defense, unless he attempts to retreat in good faith and communicates this retreat to the other party; or the other party escalates a minor fight into one involving deadly force and there is no ability to retreat.
What is: U.S. v. Peterson
This is the mental, internal aspect of a crime.
What is: Mens Rea.
This defense arises when the harm caused by the actor is outweighed by the need to avoid an even greater harm or to further a societal interest.
What is: justification.
The four levels of culpability under the Model Penal Code are...
What are: purpose, knowledge, recklessness, liability.
This crime consists of asking, enticing, inducing, or counseling another to commit a crime (even if the other does not commit the crime).
What is: Solicitation
This case held that mistake of fact is a defense to a specific intent crime, even an unreasonable mistake, because even if incorrect there was no mental intent for the crime.
What is: People v. Navarro
This is the physical, external part of a crime.
What is: Actus Reus
This type of offense occurs when, although the actor has apparently satisfied all elements of the offense charged, he has not in fact caused the harm or evil sought to be prevented by the statute defining the offense.
What is: offense modification.
A person cannot be convicted of both larceny and robbery, because...
What is: larceny is a lesser included offense of robbery. (robbery = larceny + intimidation).
This crime consists of a partnership in criminal purposes, a mutual agreement (express or implied) between two or more persons to commit a criminal act or accomplish a legal act by unlawful means.
What is: Conspiracy.
This case held that for provocation to be adequate to reduce murder to manslaughter, the provocation must be calculated to inflame the passion of a reasonable person and tend to cause him to act for the moment from passion rather than reason.
What is: Girouard v. State
This MPC mental state consists of when a person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances.
What is: Negligently
This defense reduces murder to manslaughter, when a defendant unreasonably but honestly believed deadly force was necessary
What is: Imperfect self defense
Mens rea is different from motive, because...
What is: Motive is why a person commits the crime, rarely has to be proven. The law is only concerned with a person's intent to commit the crime when it was committed, not their reasoning.
This crime consists of the breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony therein.
What is: Burglary
This case held that in homicide proceedings, courts may determine when death occurs using brain based criteria rather than traditional cardiorespiratory criteria.
What is: People v. Eulo
The mental state consists of a disregard of obvious or high risk that the harmful result will occur.
What is: Malice
This defense arises when a defendant’s conduct is harmful and creates no societal benefit, and defendant is blameworthy, however societal benefit still arises from foregoing conviction despite culpability. (ie. statute of limitations).
What is: Non-Exculpatory Public Policy defense
The majority approach to felony-murder states that
What is: the felony-murder rule does not apply if the person who directly causes the death is a non-felon (agency approach).
This crime consists of fraudulent conversion of another’s personal property by one in lawful possession.
This case allowed a defendant to bring in prior experiences that he or she had which could provide a reasonable basis for a belief that another person’s intentions were to injure.
What is: People v. Goetz
In these cases, awareness or intent is not required (just committing the crime is sufficient).
What is: strict liability.
Under the MPC test for this defense, a defendant argues that as the result of a mental impairment, the defendant doesn't know right from wrong, or understand his actions; or was unable to control actions or conform to law.
What is: Insanity
Conspiracy crimes (do/don't) merge with their substantive offense, because...
What is: charges do not merge. It has long been established and consistently recognized by the court that the commission of the substantive offense and conspiracy to commit it are separate and distinct offenses.