Crim LAW

• MPC Knowingly


  Actor is aware that his conduct is of that nature or that such circumstances exist; Actor is aware that is it practically certain that his conduct will cause such a result.
• MPC Purposefully


  It is the actor's conscious object to engage in conduct of that nature or to cause such an act; Actor is aware of such circumstances or he believes they exist.
• Attendant circumstance


  A condition that must be present, in conjunction with the prohibited conduct or result, in order to consitute the crime.
• Common law voluntary manslaughter

  Murder intentionally committed but in the sudden heat of passion caused by adequate provocation before there has been a reasonable opportunity to cool
• Negligence


  Actor should be aware of a substantial and unjustifiable risk that the material element exists of will result from his conduct; Risk involves a gross deviation from the standard of care of a reasonable person.
• Recklessly


  Actor consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct; Disregard of the risk involves a gross deviation from the standard of conduct that a law abiding person would observe.
• Attempt Mens Rea

  The actors conduct itself must be intentional; Actor must intend to commit the completed offense
• Attempt Actus Reus - Physical Proximity Doctrine

  Act must be proximate to the completed crime, or directly tending toward the completion of the crime, or must amount to the commencement of the consummation.
• Attempt Actus Reus - Indispensable Element Test


  Emphasizes any indispensable aspect of the criminal endeavor over which the actor has not yet acquired control.
• Attempt Actus Reus - Dangerous Proximity Doctrine

  The greater the gravity and probability of offense and the nearer the act to crime the stronger is the case for calling the act an attempt.
• Offense modifications


  The defendant did not create harm the offensive act protects against
• Common law voluntary manslaughter


  Murder intentionally committed but in the sudden heat of passion caused by adequate provocation before there has been a reasonable opportunity for the passion to cool.
• MPC Insanity Rule


  As a result of mental disease he lacks substantial capacity to either appreciate the criminality or conform his conduct to the requirements of law
• Extreme Mental Emotional Disturbance Elements


  (1) Intense feelings, sufficient to cause loss of self control (2) Reasonable explanation or excuse
• MPC 2.01 - Possession as an Act


  If the possessor knowingly procured the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
• MPC Manslaughter Mens Reas

  Extreme mental emotional disturbance; Reckless homicide
• CL Involuntary Manslaughter Mens Reas

  Recklessness; Gross negligence
• CL Insanity - Durham/Product Rule


  An actor is insane if his unlawful act was the product of a mental disease or defect.
• Voluntary Human Intervention


  When a victim makes a free and deliberate decision that contributes to his death, that decision should relieve the defendant of liability
• CL Voluntary Intoxication


  Actor is culpable for becoming intoxicated; Only a defense for specific intent crimes.
• CL Involuntary Intoxication


  Actor is not to blame for becoming intoxicated; Defense for both specific and general intent crimes.
• CL Insanity - M'Naughten Rule (Right-wrong test)


  A person is insane if that at the time of her act she was laboring a defect of reason arising from a disease of the mind that (1) she did not know the nature and quality of the act (2) if she did know it, she did not know what she was doing was wrong.
• CL Insanity - Irresistible Impulse Test (control test)


  Actor is insane if as a result of a disease condition of the mind he is by an insane impulse irresistibly driven to commit a crime.
• CL General Intent


  An offense that only contains a mental state that relates solely to the social harm of the offense.
• CL Specific Intent Categories

  (1) An intention to commit some future act, separate from the actus reus of the offense (2) A special motive for committing the actus reus (3) Awareness of an attendant circumstance.
• Do words alone constitute adequate provocation?

  No. Words can constitute adequate provocation of they are accompanied by conduct indicating a present intention and ability to cause the defendant bodily harm.
• MPC - Conspiracy - Renunciation of Criminal Purpose


  Actor thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of his criminal purpose
• MPC Conspiracy


  (1) Actor agrees with another person that they will engage in conducy which constitutes the crime OR (2) Agrees to aid such other person in the planning of such crime.
• CL Pinkerton Rule


  Actor is liable for conspiracy and the crimes committed by the actor or other conspirator that are in furtherance and a natural foreseeable consequence of the conspiracy.
• MPC Voluntarily 


  Conduct includes a voluntary act or omission to perform an act of which he is physically capable.
• Duress Elements


  (1) Another person threatened to kill or injure the actor or a 3rd party unless she committed the offense

  (2) Actor believed the threat was genuine

  (3) Threat was present and imminent at the time

  (4) No reasonable escape except through compliance

  (5) Actor was not at fault in exposing herself to the threat
• CL Necessity Elements


  (1) Act must be done to prevent a significant imminent evil

  (2) No adequate alternative

  (3) Harm caused must not have been disproportionate to the harm avoided
• CL Retreat Rules (deadly and nondeadly force)


  Nondeadly force - No duty to retreat

  Deadly force - Duty to retreat
• Self Defense


  Non-aggressor is justified in using force if he reasonable believes such force is necessary to protect himself from imminent use of unlawful force by the other person.
• CL Mistake of Law (General v. Specific Intent)


  General Intent: Unreasonable mistake is not a defense

  Specific Intent: Unreasonable mistake may constitute a defense
• Adequate provocation


  Provocation must be calculated to inflame the passion of a reasonable man and tend to cause him to act in the moment from passion rather than reason.
• Extreme Recklessness Mens Rea


  Depraved heart - Extreme recklessness in regard to human life.
• Omissions Factor

  Omissions rarley supersede an earlier wrongful act.
• Intended Consequences Doctrine


  If an intentional wrongdoer gets that they wanted, they should not escape criminal liability even if an unforeseeable event intervened.
• Utilitarianism / Consequentialism Theory


  Justification lies in the useful purpose the punishment serves