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Criminal > Crim Vocab and CL v MPC > Flashcards

Crim Vocab and CL v MPC Flashcards

1
Q

what is the rule for unintentional manslaughter under MPC?

A

210.3

reckless (consciously disregard a substantial and unjustifiable risk)

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2
Q

what is the minority view of malice aforethought?

A

malice = “intentional and willful”

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3
Q

acting when one’s reason is cloudy by extreme emotion or passion, without due deliberation or reflection “heat of passion”

A

provocation

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4
Q

under common law what is the traditional rule of provocation (Girouard)

A

focuses on culpability of the actor. provocation that would cause an emotion so intense that an ordinary person would simply react w/o reflection

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5
Q

what is the duty to act under the MPC?

A

no duty to act/protect UNLESS imposed by law or sufficient under statute

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6
Q

under common law what do you need for 1st degree murder?

A

willful (purpose), deliberate (careful thought and consideration) and premeditated (had time to think and plan)

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7
Q

how does the MPC view mistake of fact?

A

2.04

negates the mens rea needed to establish the crime and rejects SL altogether

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8
Q

under common law what are the 2 steps to finding provocation?

A

1) limited list of legitimate provocations

2) objective reasonable person standard

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9
Q

under MPC where does strict liability apply?

A

only for violations /statutory rape for very young children (under 10)

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10
Q

Defendant can be guilty of omitting to act if they had a legal duty to act

A

omissions

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11
Q

what does an unintentional killing not have under CL?

A

malice aforethought

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12
Q

Under the MPC what is said for omissions?

A

2.01 no duty to act/protect unless imposed by law or insufficient under the statute

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13
Q

how does the court define knowledge under the CL?

A

sometimes as only requiring awareness of the facts, not necessarily knowledge as to the meaning of law

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14
Q

what are the characteristics of unintentional murders?

A

1) malignant and depraved heart
2) gross recklessness (awareness of substantial and unjustified risk of harm)
3) substantiality/degree of harm (risk of live, # of lives at risk and justification)

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15
Q

when is felony-murder unclear in CL? (3)

A

1) lethal act arguably occurs after commission of the felony
2) lethal act arguably is unrelated to the felony
3) lethal act is committed by someone resisting the felony

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16
Q

what is the common law guidelines for Actus reus? (4)

A

1) all acts have to be voluntary
2) can’t deter involuntary movement
3) have to choose to do prohibited act
4) voluntary act is necessary, but not sufficient for criminal liability

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17
Q

what is the merger doctrine?

A

some felonies merge with the killing and cannot be predicate offenses

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18
Q

voluntary act element of a crime. Crime requires either a voluntary physical act or an omission when there is a legal duty to act

A

Actus Reus

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19
Q

no considerable provocation

A

implied malice

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20
Q

culpable mental state/guilty mind

A

mens rea

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21
Q

what does unintentional manslaughter under CL involve?

A

killing in the commission of an unlawful act not amounting to a felony

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22
Q

why are people punished for willful blindness?

A

b/c people would take advantage of the law by ignoring willful blindness

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23
Q

what does 2nd degree murder require?

A

everything else

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24
Q

what is the modern conception under the CL of mens rea?

A

limited list of mens rea states, each element of an offense requires one of the limited list

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25
Q

under common law when does a person have a duty to act? (5)

A

1) statute
2) status (contractual obligation)
3) contract (status relationship) (parent/child)
4) voluntary assumption (D control and secludes victim so that others can’t aid
5) creation of peril (D creates a situation of peril) (push someone into water when they can’t swim)

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26
Q

under common law what is strict liability generally invoked as?

A

in the context of public welfare offenses

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27
Q

under common law what is the modern rule of provocation (Maher)?

A

if an intentional killing is conducted in a heat of passion, the criminal charge can be mitigated from murder to voluntary manslaughter if the provocation is adequate

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28
Q

under common law what are the exceptions of mistake of law? (5)

A

1) reliance on an official statement of law that is later found to be erroneous
2) make a mistake regarding a legal element of the crime that negates mens rea necessary for crime
3) make a mistake about the very law violated which negates MR
4) wholly passive and innocent conduct, lack of intent
5) no knowledge of law existing

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29
Q

what does murder require?

A

malice aforethought (purposely, knowingly)

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30
Q

what is the rule for negligent homicide under MPC?

A

210.4

person should have been aware of the risk

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31
Q

what kind of acts are never blameworthy under CL?

A

involuntary acts are never blameworthy and voluntary acts aren’t always blameworthy

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32
Q

when is mistake a defense under common law?

A

if it negates a required mens rea

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33
Q

what are the four types of mens rea under the MPC?

A
  1. 02
    1) purpose - aim or desire to engage in action or harm
    2) knowledge - aware that conduct is of that nature/conduct
    3) recklessness - aware of substantially unjustifiable risk, but still acts
    4) negligence - unaware of substantially unjustifiable risk even though RP would be aware
34
Q

what is the mens rea requirement for murder?

A

if purposely or knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life (recklessness presumed under felony murder)

35
Q

what is the MPC guidelines for Actus reus?

A

need only “include” a voluntary act

36
Q

is the view of the MPC and common law alike or different in regards to mistake of fact?

A

the same

37
Q

under common law how does the minority approach say willful blindness can satisfy knowledge?

A

(subjective belief) required for knowledge, regardless of probability

38
Q

what does mistake of fact not apply to?

A

rape (SL)

39
Q

under MPC what mens rea is required for mistake of law?

A

no mens rea for criminal intent but recklessness is assumed.

40
Q

when does mistake of law usually arise?

A

b/c person is aware of law and misinterprets its meaning or is unaware of law

41
Q

what is the broad conception under the CL of Mens Rea?

A

if you are malicious you may be liable for the offense

42
Q

what is required for unintentional manslaughter under CL?

A

gross negligence

43
Q

what are some examples of premeditation? (3)

A

1) close relationship between Def and victim gives opportunity and reason to plan
2) “exacting” method of murder suggests planning
3) def made attempt to disguise the crime after it was committed (planning activity)

44
Q

when defendant uses someone as a barrier to protect themselves, they are liable b/c death is foreseeable

A

shield exception

45
Q

what is willful ignorance (mens rea) under MPC?

A

1) aware of high probability fact

2) don’t believe the contrary (exception)

46
Q

moral wrong exists and must be punished

A

moral wrong principle (common law)

47
Q

what is the common law general rule of omissions?

A

whenever defendant’s action, w/o his knowledge, imperils a person, liberty or property of another and defendant becomes aware of the events creating peril, defendant has a duty to take reasonable steps to prevent it from resulting in harm

48
Q

what mens rea is required for strict liability?

A

none

49
Q

what is the prevailing approach of malice aforethought?

A

malice = foresight of prohibited consequences (recklessness)

50
Q

Under common law how does the majority approach say willful blindness can satisfy knowledge?

A

if lack of knowledge is solely b/c of a conscious purpose to avoid truth, this is sufficient for knowledge regardless of probability

51
Q

what is an example of the lesser crime argument?

A

Olsen- child was 13, lesser crime would be if she were 14-18

52
Q

how does the MPC view statutory rape?

A

213.6
under 10 is strict liability, over 10 you have an affirmative defense if the defendant can prove that the mistake was reasonable

53
Q

under CL what does felony-murder require?

A

implied gross recklessness q

54
Q

is mistake of fact a defense?

A

It can be

55
Q

what does felony in felony murder have to be under CL?

A

inherently dangerous to life and act of killing done in furtherance of the felony

56
Q

violation of due process to convict D for conduct gov’t reps in an official capacity had stated was lawful earlier

A

entrapment by estoppel (MPC)

57
Q

under common law if someone commits a crime unknowingly are they punished?

A

if it’s an unreasonable mistake

58
Q

what is the default common law rule for mens rea?

A

Reckless (Cunningham and Faulkner - minimal culpable mental state)

59
Q

what is a partial excuse in provocation under common law?

A

defendant was in weak mindspace b/c of abuse

60
Q

tests under CL to establish mergers

A

1) ireland test (include in fact within homicide)
2) independent felonious purpose test (felony is dependent on homicide)
3) look to legislative
4) elements assertive

61
Q

when mistaken about a separate law

A

collateral mistake of law (MPC)

62
Q

generally means a crime is committed with a few specified purposes (of committing felony) within a statute/law (can also mean with knowledge of attendant circumstance)

A

specific intent

63
Q

are there categories of murder in the MPC?

A

no, instead use aggravating and mitigating factors in sentencing. no premeditation included (210.2, 6)

64
Q

what does the MPC define as involuntary? (4)

A

1) reflex/convulsion
2) bodily movement during unconsciousness or sleep
3) conduct during hypnosis
4) bodily movement otherwise not a product/effort /determination of the actor

65
Q

under common law what does manslaughter require?

A

intent (purposely, knowingly) w/ provocation (mitigates murder, negates malice)

66
Q

what is the test for provocation under MPC?

A

subjective reasonable person standard (objective) - if a person in situation as D believe it would have extreme emotional disturbance

67
Q

what kind of crimes would merge?

A

inherently, dangerous would merge w/ suicide (or assault or robbery)

68
Q

under common law what are the mitigating factors of manslaughter? (2)

A

1) adequate provocation

2) inadequate cool off time

69
Q

what can subjective standard courts determine?

A

on a case-by-case basis whether or not the provocation was adequate

70
Q

what is provocation as a partial justification (common law)?

A

(self-defense) focus on the wrongfulness of the act, punishment of wrongdoer justifiable

71
Q

crime if mistaken belief true

A

lesser crime principle (MPC)

72
Q

deliberate intention

A

express malice

73
Q

when is mistake of law and mistake of fact under the common law not available?

A

if the defendant would be guilty of another offense had there been no mistake of law

74
Q

generally means that a crime is committed with some culpable mental state (MR)

A

general intent

75
Q

what is the default mens rea under MPC?

A

2.02 if statute doesn’t specify mens rea, purpose, knowledge or recklessness required but if statute specifics mens rea, that is required for all elements (contrary to purpose)

76
Q

what is the MPC rule for manslaughter?

A

210.3
murder mitigated by extreme emotional disturbance for which there is a reasonable explanation for disturbance (subjective) (provocation needed)

77
Q

what is the MPC rule for felony-murder?

A

210.2

presume recklessness for robbery, rape, arson, burglary, kidnap or felonious escape (+1st degree)

78
Q

what are the rules for MPC on mistake of law? (5)

A
  1. 04
    1) official statement rule (rely on statement later found erroneous)
    2) entrapment by estoppel
    3) collateral mistake of law
    4) law establishes defense (committing violation willfully)
    5) failure to notify (no social awareness if not publ. avail)
79
Q

what are the elements of statutory rape under common law? (5)

A

1) a person who willfully and lewdly commits
2) any Lew or lascivious act
3) upon body
4) of a child under 14
5) with intent on appealing to sexual desires of person or child

80
Q

under MPC what is required for unintentional murder?

A

gross recklessness (extreme indifference to the value of human life)

81
Q

is mistake of fact a defense under the MPC?

A

2.04 it’s a full defense if the mistake negates the required mens rea

Criminal (6 decks)

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