Crim Law > MODEL PENAL CODE: MPC > Flashcards
MODEL PENAL CODE: MPC Flashcards
MPC 1.13
General Provisions
MPC 2.01
Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act
MPC 2.02(1)-(5)
General Requirements of Culpability
MPC 2.03
Causal Relationship Between Conduct and Result; Divergence Between Result Designed or Contemplated and Actual Result or Between Probable and Actual Result.
MPC 2.04
Ignorance or mistake
MPC 210.0
Definitions of Specific Crimes Offenses Involving Danger to Person
MPC 210.1
Criminal Homicide
MPC 210.2
Murder
MPC 210.3
Manslaughter
MPC 210.4
Negligent Homicide
Statute [MPC 1.13 definition]
Includes the Constitution and a local law or ordinance of a political subdivision of the state.
Act or Action [MPC 1.13 definition]
A bodily movement (voluntary or involuntary)
Voluntary [MPC 1.13/2.01 2 definition]
Willful choice not including Reflex convulsion , or bodily movement during unconsciousness
Omission [MPC 1.13 definition]
Failure to act
Conduct [MPC 1.13 definition]
An action or omission and it’s accompanying state of mind ow where relevant a series of acts and omissions
Actor [MPC 1.13 definition]
Includes a person guilty of act or omission
Acted [MPC 1.13 definition]
Having done an act/action or omitted to act
Person / he / actor [MPC 1.13 definition]
Any natural person, corporation or unincorporated association
Element of an offense [MPC 1.13 definition]
I. Conduct or ii. Attendant circumstances or iii. Such a result of conduct as (a) is included in the description of the forbidden conduct in the definition of the offense (b) establishes required kind of culpability (c) negatives an excuse or justification for such conduct (d) negatives a defense under statute of limitations (e) established jurisdiction or venue
Material element of an offense [MPC 1.13 definition]
Element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or to any matter similarly unconnected w (i) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense or (ii) the existence of a justification or excuse for such conduct
Purposely [MPC 1.13 / 2.02 definition]
(i) if element involves the nature of one’s conduct or a result thereof, it is their conscious object to engage in conduct of that nature or to cause a result (ii) if the element involves the attendant circumstances he is aware of the existence of such circumstances or they believe that the circumstances exist
Intentionally or with intent [MPC 1.13 definition]
Purposely
Knowingly [MPC 1.13 / 2.02 definition]
If the element involves the nature of his conduct or the attendant circumstances, they are aware that their conduct is of that nature or such circumstances exist (ii) if the element involves a result of their conduct, they are aware that it’s practically certain their conduct will cause such a result.
Recklessly [MPC 1.13 / 2.02 definition]
Conspicuous disregard of a substantial and unjustifiable risk that the material element exists or will result from the conduct. The risk must be such a nature and degree that, considering the nature and purpose of the actors conduct and circumstances know to them, it’s disregard involves a gross deviation from the standard that a law abiding citizen would observe in the actors situation.
Negligently [MPC 1.13 / 2.02 definition]
When a person should be aware of a substantial and unjustified risk that the material element exists or will result from the conduct. The risk must be such a nature and degree that the actors failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him involves a gross deviation from
The standard of care that a reasonable person would observe in the actor’s situation.
Reasonably believes or reasonable belief [MPC 1.13 definition]
Designates a belief which the actor is not reckless or negligent in holding
Human being [MPC 210.0 Definition]
Person born and alive
Bodily injury [MPC 210.0 Definition]
Physical pain , illness or any impairment of physical condition
Serious bodily injury [MPC 210.0 Definition]
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Deadly weapon [MPC 210.0 Definition]
Any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the matter it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
MPC 2.01 Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act
- A person is not guilty of offense unless liability is based on conduct including a voluntary act or the omission to perform act which they are physically capable.
- Voluntary acts are NOT a) reflex/convulsion b/c) unconscious movement d) movement not a product of effort or determination of actor consciously or habitually
- Liability to an offense cannot be based on omission w no action.. UNLESS a) it is made expressly sufficient by defining law or b) a duty to perform is imposed by law
- Possession is an act if Possessor knowingly procured or received the thing possessed or was aware of their control thereof for a sufficient period to have been able to terminate possession.
MPC 2.02(1) Minimum Requirements of Culpability
A person is not guilty of an offense unless they act purposely, knowingly, recklessly/negligently, as the law may require to each material element of the offense.
EXCEPT IF a) they are offenses which constitute violations (unless definition included in requirement involved is consistent with effective enforcement of law defining offense) b) offenses define do by statutes other than the Code AS LONG AS Legislative purpose to impose absolute liability w respect to any material element PLAINLY appears.
MPC 2.02(2) Kinds of Culpability Defined
A. Purposely
B. Knowingly
C. Recklessly
D. Negligently
MPC 2.02(3) Culpability Required Unless otherwise provided
When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts Purposely, Knowingly or Recklessly with respect thereto.
MPC 2.02(4) Prescribed Culpability Requirement Applies to All Material Elements.
When the law defined an offensive prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provisions shall apply to all material elements of the offense, unless a contrary purpose plainly appears.
MPC 2.02(5) Substitutes for Negligence, Recklessness, and Knowledge.
Negligence substitution is acting purposely, knowingly, recklessly.
Recklessness substitution is acting purposely or knowingly.
Knowledge substitution is acting purposely
MPC 2.03(1) Causal Relationship between Conduct and Result
Conduct is the cause of a result when a) it is an antecedent but for which the result in question would not have occurred; and b) the relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the Law defining the offense.
MPC 2.03(2) Causal Relationship between Conduct and Result; Divergence Between Result Designed or Contemplated and Actual Result
- 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 property is injured or affected or that the harm is designed or contemplated would have been more serious or 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 occurrence to have just bearing on actors liability or on the gravity of his offense.
MPC 2.03(3) Causal Relationship between Conduct and Result; Divergence Between Result Designed or Contemplated and Actual Result
- 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 of which the actor is aware or in the case of negligence of which he should have been aware UNLESS: A) The actual result differs from the probable result only in the respect that a different person or property is injured or affected or that the probable injury would have been more serious than that caused or B) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a just bearing on the actors liability or on the gravity of the offense.
MPC 2.03(4) Divergence Between Probable and Actual Result
- 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 probable
MPC 2.04(1-2) Ignorance or Mistake
- Ignorance or Mistake as to a matter of fact or law is a defense if: A) The ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or B) The law provides that the state of mind established by such ignorance or mistake constitutes a defense
- Although ignorance or mistake would otherwise afford a defense to the offense changed, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed
MPC 2.04(3-4) Ignorance or Mistake
- A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when: a) The statute or other enactment defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged or b) He acts in reasonable reliance upon an official statement of law, afterward determined to be invalid or erroneous (Contained in: Statute , Judicial decision, Order etc)
- Defendant must prove defense of mistake or ignorance by preponderance of evidence
MPC 210.1 Criminal Homicide
- A person is guilty of criminal homicide if purposely, knowingly, recklessly, or negligently causes the death of another human
- Criminal homicide is murder, manslaughter, or negligent homicide
MPC 210.2 Murder
- Criminal homicide constitutes murder when A) It is committed purposely or knowingly; or B) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if actor is engaged or is an accomplice in the commission of, or an attempt to commit or flight after committing or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape UNLESS (under MPC 210.3(1)(b)) Committed under reasonable extreme mental or emotional disturbance (turns to manslaughter)
- Murder is first degree felony [may be sentenced to death]
MPC 210.3 Manslaughter
- Criminal homicide constitutes manslaughter when: (a) it is committed recklessly or (b) a homicide which would otherwise be murder is committed under the influence of a reasonable extreme mental/emotional disturbance.
- Manslaughter is a 2nd degree felony
MPC 210.4 Negligent Homicide
- Criminal Homicide constitutes negligent homicide when committed negligently
- Negligent Homicide is a 3rd degree felony
