Final Material

Question 1

Under Common Law, Murder may include which intents?

Answer 1

Intent to kill
intent to GBH
Depraved Heart (Extreme recklessness)
In the commission of a felony

Question 2

Under statutory scheme Murder 1, what intents are included?

Answer 2

Intent to kill - premeditated, deliberate, willful

Intent to inflict GBH

Enumerated Felony Murder

Question 3

Under Murder 2, what intents are included?

Answer 3

Extreme Recklessness, Depraved Heart

Intent to kill, no premeditaiton

Felony murder unenumerated

Question 4

What intents are covered under voluntary manslaughter?

Answer 4

heat of passion murder

extreme emotional disturbance murder

(need adequate provocation)

Question 5

What intents are covered under involuntary manslaughter?

Answer 5

recklesness with indifference to life and limb

Question 6

What are the elements of Self-Defense?

Answer 6

Resonable belief subject to GBH or deadly force
imminence
necessary against unlawful force
proportional
not the initial aggressor OR has fully renounced position as initial aggressor

Question 7

What are the elements of Defense of Others?

Answer 7

• Reasonable belief other is subject to GBH or deadly force
• imminent
• necessary to avoid unlawful force
• proportional

Question 8

What are the elements of Defense of property?

Answer 8

• reasonable force okay if actor reasonably believes someone is about to commit a trespass
• can not use deadly force to defend property

Question 9

Elements of Defense of Habitation?

Answer 9

Okay to use deadly force to prevent the breaking and entering of another who the actor reasonably believes intends to commit a violent felony therein.

Question 10

Elements of Necessity Defense?

Answer 10

Lesser of two evils

• the evil chosen must have been lesser
• the decision benefits society not just individual
• NO alternative
• reasonable belief that emergency existed

Question 11

Elements of Duress?

Answer 11

-imminent threat of harm to self or close others
-reasonable belief the harm can be actuated
-no reasonable opportunity to escape the threat
NOTE: can not be negligent in creation of the duress, does not apply to murder, threats from a PERSON

Question 12

Elements of Intoxication?

Answer 12

Incomplete defense:
Can negate mens rea for specific intent crimes but not available for general intent crimes
How intoxicated was D?
-If involuntary, can negate the Actus Reus (rare)
-Trend towards abolishment

Question 13

Elements of Insanity defense?

Answer 13

-M’Naghten test
-at the time of the offense, was the D able to understand the nature and consequences of their action, hence, was D able to understand the wrongness of their actions
ALSO:
At Trial - is the D competent to stand trial - do they know who the man in the black robe is? procedural understanding? can they provide effective assistance in their own defense

Question 14

What are the Justification Defenses?

Answer 14

• defense will prove no social harm and that no criminal act

Question 15

What are Excuse Defenses?

Answer 15

• there is a social harm, and criminal act, but the D is excused from responsibility because of some excuse

Question 16

What are the Justification Defenses:

Answer 16

Self Defense
Defense of Others
Necessity
Defense of Property/Habitation

Question 17

What are the Excuse Defenses:

Answer 17

Intoxication
Duress
Diminished Capacity

Question 18

What are the applications and elements of Diminished Capacity Defense?

Answer 18

Observational Evidence only according to SCOTUS if state says so

• Mens Rea - can negate formation of specific intent
• Reduced degree of conviction - less blameworthy

Question 19

What are the Elements of Attempt under Common Law?

Answer 19

• crime not completed
• Actor forms two intents: intent to commit actions constituting the attempt and intent to commit the substantive offense as successful itself.
• substantial test (proximate test or proximate danger test where the actors Acts “manifest criminality”)

Question 20

What are the Elements of Attempt under MPC?

Answer 20

• crime not committed
• actor forms the two intents: intent to commit actions constituting attempt and intent to complete the substantive crime
• actions for substantial step sufficient to form Actus Reus if the are corroborative of a mental state (not independent like in Common Law)

Question 21

What are the elements of Conspiracy?

Answer 21

• 2 or more PERSONS
• agreement to commit crime
• intent to enter an agreement
• intent to carry out the substantive offense of the conspiracry
• co-felon is liable for any acts committed within scope or in furtherance of the conspiracy, even if the co-felon was not present and was not an accomplice to the crime

Question 22

What is the recklessness test in murder?

Answer 22

1. What did the actor believe the probability their action would cause the result?
2. Was was reason for risk?
3. Any justification for taking the risk?