Inchoate Crimes
Under MPC § 5.01(1)(c), what must a person do to be guilty of attempt?
What is take a substantial step with purpose to commit the crime?
(MPC § 5.01(1)(c), Attempt)
In solicitation, what mental state must the solicitor have under MPC § 5.02?
What is purpose?
(MPC § 5.02(1); Solicitation)
According to MPC § 2.01(1), a person is not guilty unless liability is based on what?
What is conduct that includes a voluntary act or an omission the person is physically capable of performing?
(MPC § 2.01(1))
VOLUNTARY ACT
MISTAKE OF FACT (MPC § 2.04(1)(a))
Q: When does a mistake of fact serve as a defense under MPC § 2.04?
What is when the mistake negates the required mental state (purpose, knowledge, recklessness, or negligence)?
RAPE (MPC § 213.1(1)(a))
Q: Under MPC § 213.1(1)(a), what is required for a male to be guilty of rape?
What is compelling the female to submit by force or by the threat of imminent death, serious injury, extreme pain, or kidnapping?
What kind of impossibility is never a defense to attempt?
What is factual impossibility?
(Doctrine; MPC § 5.01; Case: Thousand, JD 802, Impossibility)
What MPC section allows courts to mitigate an attempt charge if the crime is inherently unlikely to succeed?
What is MPC § 5.05(2)?
(MPC § 5.05(2); Attempt / Impossibility Mitigation)
Name one bodily movement that is not considered a voluntary act under MPC § 2.01(2).
What is a reflex or convulsion / sleepwalking / conduct under hypnosis / involuntary movement?
(MPC § 2.01(2)(a–d))
NON-VOLUNTARY ACTS
MISTAKE OF LAW (UNKNOWN LAW) (MPC § 2.04(3)(a))
Q: Under what condition can ignorance of the law be a defense?
What is when the statute was not published or reasonably made available prior to the conduct?
GROSS SEXUAL IMPOSITION (MPC § 213.1(2)(a))
Under MPC § 213.1(2)(a), what is the threshold for committing Gross Sexual Imposition?
What is compelling a female to submit by any threat that would prevent resistance by a woman of ordinary resolution?
What is the MPC's position on conspiracy? Does it require both parties to agree?
What is no; the MPC allows unilateral conspiracy.
(MPC § 5.03(1), (5), Conspiracy)
Which case held that reconnoitering and bringing poison to school was a substantial step toward attempted murder?
What is Reeves?
(Case: Reeves, JD 794; MPC § 5.01(2); Attempt)
What is the definition of actus reus in criminal law?
What is the voluntary physical act that results in the harm proscribed by the statute?
(General doctrine; Actus Reus concept)
MISTAKE DEFENSE (OFFICIAL STATEMENT) (MPC § 2.04(3)(b))
Q: What kind of reliance makes a mistake of law a valid defense under MPC § 2.04(3)(b)?
What is reasonable reliance on an official—but later found invalid—statement of the law, such as a statute or court decision?
RAPE (MPC § 213.1(1)(b))
Q: According to MPC § 213.1(1)(b), what situation qualifies as rape regarding impaired judgment?
What is when the male administers drugs or intoxicants without the female’s knowledge to substantially impair her ability to resist or control her conduct?
What does MPC § 5.01(4) require for an abandonment (renunciation) defense to succeed?
What is a complete and voluntary renunciation not based on fear or delay?
(MPC § 5.01(4); Case: McCloskey, JD 818, Abandonment)
Which two forms of impossibility are recognized as legal impossibility?
What are pure legal impossibility and hybrid legal impossibility?
(JD 802–822; Doctrine; Impossibility)
According to Jones v. U.S., what type of duty arises from a formal agreement and can lead to criminal liability if omitted?
What is a contractual duty to care for another?
(Jones v. U.S., 1962, JD 149n2)
ACTUAL CAUSE (MPC § 2.03(1)(a); Rideout)
Q: According to MPC § 2.03(1)(a), what test is used to determine actual cause?
What is the "but for" test—whether the result would not have occurred but for the defendant’s conduct?
RAPE (MPC § 213.1(1)(c))
Q: Under MPC § 213.1(1)(c), when is a male guilty of rape regardless of the female's awareness?
What is when the female is unconscious?
What is the Mandujano test for distinguishing mere preparation from criminal attempt?
What is that the act must be an appreciable fragment of the crime, in progress, likely to be completed unless interrupted, and unequivocal?
(Case: Mandujano, JD 781; Attempt)
Under MPC § 5.03, what must accompany an agreement for conspiracy liability to attach?
What is an overt act in furtherance of the conspiracy?
(MPC § 5.03(5); Conspiracy)
Under the fifth omission rule noted in Jones, when might someone be criminally liable for not acting?
What is when the person created the risk of harm to another?
(Notes @ JD 149, Jones v. U.S.)
PROXIMATE CAUSE FACTORS (MPC § 2.03(2)(b), Rideout)
Name three Rideout factors courts consider when deciding if proximate cause exists.
What are:
(1) Apparent Safety Doctrine,
(2) Voluntary Human Intervention, and
(3) Foreseeability of the intervening event?
GROSS SEXUAL IMPOSITION (MPC § 213.1(2)(b) & (c))
Q: Under MPC § 213.1(2)(b) and (c), how does knowledge of the female’s mental condition or mistaken belief about her identity affect guilt for Gross Sexual Imposition?
What is if the male knows the female suffers from a mental disease that prevents her from understanding her conduct or if she submits because she mistakenly believes he is her husband?