Model Penal Code Flashcards
Offense
When an actor has satisfied all elements in the definition of the offense. (1) objective requirements; (2) culpability requirements.
Actus Reus
The act - objective element of the offense. Every offense must contain at least one objective element consisting of the conduct of the actor (conduct, circumstances, results). For there to be criminal liability, the ∆ (1) must have either performed a voluntary physical act; OR (2) failed to act under circumstances imposing a legal duty to act (omission).
MPC § 2.01 Requirement of a voluntary act
(1) A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act… Voluntary acts are not:
a. A reflex or convulsion;
b. A bodily movement during unconsciousness or sleep;
c. Conduct during hypnosis or resulting from hypnotic suggestion;
d. A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
MPC 2.02(1) Minimum Requires of Culpability
except as provided under section 2.05, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or negligently, as the law may require with respect to each material element of the offense. A level of culpability must be proved with respect to each “material element of the offense” which may involve: the nature of the forbidden conduct; the attendant circumstances; or the result of the conduct.
MPC 2.02(3) Culpability required unless otherwise provided
When the culpability sufficient to establish a material element of the offense is not proscribed by law, such element is established if a person acts purposely, knowingly, recklessly with respect thereto. Recklessness is the default level of culpability.
Purposely
He is aware of such circumstances or hopes they exist, it is his conscious object to cause such a result, or it is his conscious object to engage in conduct of that nature. Example: burglary - entering a building with the intent to commit a crime therein.
Knowingly
He is aware that such circumstances exist, he is aware that it is practically certain his conduct will cause such a result, or he is aware that his conduct is of that nature, but he does not desire a particular result. Ex: a ∆ shoots at a car with the purpose of breaking its window, but knows that she is virtually certain to kill the occupant of the car.
Recklessly
Subjective standard (∆ must be aware of the risk)He consciously disregards a substantial and unjustifiable risk that the material element exists, or that the material element will result from his conduct. He is aware there is a risk to his conduct but continues said conduct anyway. Ex: ∆ late to work, cuts through a playground, and hits a child. ∆ did not purposefully hit the child, but realized there was a risk of hitting a child and drove through the park anyways.
Negligently
(objective) He should be aware of a substantial and unjustifiable risk that the material element exists, he should be aware that the element will result from his conduct, or a reasonably prudent person would not partake in said conduct. Ex: ∆ unaware that her child is suffering from a life-threatening illness, but an ordinary person would be aware.
Distinguishing “purposely” and “knowingly”
biggest difference relates to the ∆’s awareness of the consequences of his act, if the crime is defined with respect to a certain result of ∆’s conduct he has acted knowingly but not purposely if he was ware that it is practically certain that his conduct will cause that result
Mistakes of Law
(1) mistakes about legal circumstances in the offense definition; (2) mistakes about the offense definition (governing law).
Causation under the MPC
Conduct is the cause of a result when: (1) it is an antecedent but for which the result in question would not have occurred; and (2) the relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the law defining the offense.
MPC Causation
When purposely or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the purpose or the contemplation of the actor unless:
a. The actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or
b. The actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a just bearing on the actor’s liability or on the gravity of his offense;
(3) When recklessly or negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk or which the actor is aware or, in the case of negligence, of which he should be aware unless:
c. The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or
d. The actual result involves the same kind of injury or harm as the possible result and is not too remote or accidental in its occurrence to have a [just] bearing on the actor’s liability or on the gravity of his offense;
(4) When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor’s conduct.
