Elements of Crime
Under the MPC, this is the default mens rea that courts should read into a statute when the legislature has been silent about the required mental state
What is recklessness?
This type of murder requires malice aforethought plus premeditation and deliberation
What is first-degree murder?
This inchoate offense requires an agreement between two or more persons to commit a crime, plus an overt act in furtherance in most modern jurisdictions
What is conspiracy?
Ansley is attacked in her home by an intruder. She has a clear path to escape safely through the back door but instead shoots and kills the intruder. In a "stand your ground" jurisdiction, she has no duty to do this.
What is retreat?
This category of mistake is not valid except for in a few very specific circumstances.
What is mistake of law?
Charlie drunkenly stumbles and falls onto a priceless vase. He is being prosecuted for criminal mischief. In his state, the statute defining criminal mischief states:
"It is unlawful for any person, without express, prior, written permission of the owner, to willfully or knowingly:
(1) Break, break off, crack, carve upon, write, burn or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material therein, including speleothems;
(2) Disturb or alter in any manner the natural condition of any cave;
(3) Break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained."
Charlie's best defense is that ___
What is his mental state was reckless, not willful or knowing?
Anastasia plans for three weeks to kill Emory, buys a gun, follows him, and shoots him dead. Name at least three of the five factors courts use to prove premeditation.
What are: (1) nature of weapon used, (2) lack of provocation, (3) defendant's conduct before and after, (4) threats and declarations, and (5) dealing lethal blows after victim was helpless?
Under the MPC substantial step test for attempt, the defendant's conduct must be extremely indicative of this
What is the firmness of the actor's criminal intent?
Under the M'Naghten test for insanity, a defendant must prove one of these two factors to successfully bring forth an insanity defense
What is that they have/had a mental incapacity at the time of the act that prevented them from knowing the nature and quality of their act OR prevented them from knowing it's wrong?
Dimitri mistakenly believes that it is legal to carry a concealed weapon without a permit in North Carolina and gets arrested for doing so. This would be Dimitri's best defense
What is a public officer or body of law told Dimitri that it was legal to do so in his state?
This doctrine allows a defendant's intent to apply to the actual victim rather than the victim they originally targeted
What is transferred intent?
Under this limit on felony murder, assaultive felonies like aggravated battery cannot serve as the predicate felony because they are part and parcel of the killing itself.
What is the merger limitation?
Salem hires Charis to kill Kate. Unbeknownst to Salem, Charis is an undercover cop who never intended to go through with it. Salem's conspiracy liability depends on whether the jurisdiction follows this approach
What is unilateral vs. bilateral theory? (Salem would be liable under the MPC's unilateral theory but not the common law's bilateral theory)
This justification defense requires that the harm avoided must be greater than the harm caused, no reasonable lawful alternatives exist, and the danger must be clear and imminent.
What is necessity?
Rachel picks up what she honestly but unreasonably believes to be her own class ring from a library. She's charged with larceny, a general intent crime. Under common law, her mistake of fact defense will result in this outcome.
What is a guilty verdict?
Brian fires a gun intending to scare away the birds on his property. The bullet travels and kills a hiker a mile away. Ignoring the other elements of the crimes, to convict Brian of purposeful murder (1st or 2nd degree) the prosecution must prove this about the result element.
What is that Brian knew death was practically certain OR had the conscious object to cause death?
During a bank robbery, a security guard shoots at the robbers but accidentally kills a customer. Under this majority approach, the robbers cannot be held responsible for the killing.
What is the agency approach?
This doctrine extends liability to all members of a conspiracy for any reasonably foreseeable crime committed by a co-conspirator in furtherance of the conspiracy, even without individual intent.
What is the Pinkerton doctrine?
Caroline gets into a bar fight with Max and pulls out a gun, aiming at Max. Max then pulls out his own gun and aims it at Caroline. Caroline shoots and kills Max. To successfully claim self-defense, Caroline must first prove she did these two things.
What is withdrawal and communication of intent to withdrawal after initially aiming her gun?
Under the MPC, voluntary intoxication cannot negate this mental state.
What is recklessness?
Under the element analysis approach, when analyzing a crime with multiple objective elements, the prosecution must prove mens rea as to these three categories of elements.
What are conduct, result, and attendant circumstances?
Ivy, in a blind rage after being taunted with racial slurs for an hour, kills the provoker. Explain why her voluntary manslaughter claim will likely fail under common law but may succeed under the MPC.
What is: words alone don't constitute adequate provocation at common law, but the MPC allows extreme emotional disturbance that builds over time?
Teresa encourages his friend to steal a car and provides lookout assistance. In this type of jurisdiction, to convict Teresa as an accomplice the prosecution must prove he had purposeful intent as to all elements of the offense.
What is an elevation jurisdiction?
Under this MPC mental state requirement for voluntary manslaughter, a homicide that would be murder is reduced if committed under extreme mental or emotional disturbance for which there is a reasonable explanation, judged from the standpoint of a reasonable person in this actor's situation.
What is extreme emotional disturbance?
Jesse reasonably believes he's taking his own laptop from a coffee shop but it actually belongs to Alyssa. He's charged with larceny requiring "intent to permanently deprive another of their property." Under the MPC elemental approach, explain how Jesse's mistake affects his liability.
What is: the mistake negates the "another" element because he lacked knowledge/awareness that it was another's property, and his reasonable mistake negates any negligence as to that material element?