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Crim law > MPC > Flashcards

MPC Flashcards

1
Q

MPC definition: Act/action

A

Act or action means bodily movement whether voluntary or involuntary.

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2
Q

Elements of an offense MPC

A

Conduct, circumstance, and result

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3
Q

MPC: Material elements of an offense

A

Must be connected with the harm sought to be prevented by the law defining the offense

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4
Q

MPC intent

A

purpose

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5
Q

MPC deadly force

A

Force the actor uses with the purpose of causing death or serious bodily harm

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6
Q

MPC actus reus

A

Person is not liable unless it is based on a voluntary act or omission, he was capable of.

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7
Q

MPC not voluntary acts

A

Reflex or convulsion, movement while unconscious/asleep, conduct during hypnosis, bodily movement that is not product of actor’s effort whether conscious or habitual.

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8
Q

MPC liability based on omission

A

Must be based on it being sufficient by the law defining the offense, or a duty imposed by law

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9
Q

MPC purposely

A

Purposely if element involves nature of his conduct or a result thereof or of the attendant circumstances if he is aware or wants them to exist.

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10
Q

MPC knowingly

A

Knowingly if an element involves the nature of his conduct or attendant circumstance he knows exist. If involves the result of his conduct, he is aware that it is certain his conduct will lead to result.
Also satisfied if a person is aware of a high probability of its existence, unless he actually believes it doesn’t exist.

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11
Q

MPC Recklessly

A

Consciously disregards substantial and unjustifiable risk of material element existing or will result from his conduct

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12
Q

MPC negligently

A

He should be aware of a substantial and unjustified risk that the material element exists or will result from his conduct

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13
Q

Culpability if not specified

A

Culpability required unless otherwise specified by statute recklessness by default.

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14
Q

If statute gives MR it applies to…

A

all material elements unless a contrary purpose appears

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15
Q

If actor satisfies a given MR do they satisfy a lesser one?

A

Yes.

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16
Q

Willfulness MPC

A

Willfulness satisfied by acting knowingly, unless a purpose to impose further requirements appears.

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17
Q

If strict liability on a material element then

A

the offense is a violation, not a crime.

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18
Q

MPC: Mistake of fact or different law is a defense if

A

a) negates MR or b) if the law so provides.

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19
Q

Mistake of fact or different law defense not available when?

A

But, not available if he would be guilty of another offense if situation had been as he supposed. He will be guilty of the lesser crime under the situation he supposed.

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20
Q

A belief that conduct isn’t an offense is a defense to that offense when?

A

a) law is not known to the actor and has not been reasonably provided
b) he acts in a reasonable reliance of official statement of the law afterward determined wrong
official statements = statute, judicial decision/judgment/opinion, admin order/grant of permission, official interpretation of the public officer/body charged with responsibility for the interpretation/administration/enforcement of the law.

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21
Q

MPC Homicide

A

purposely, knowingly, recklessly or negligently causes the death of another human being.

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22
Q

Serious bodily injury MPC

A

Injury that creates substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of any body part.

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23
Q

Murder MPC

A

(1) Except as provided in Section 210.3(1 )(b), 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 the 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.

24
Q

Manslaughter MPC

A

Homicide which would otherwise be murder is manslaughter if committed under extreme emotional disturbance with reasonable explanation or excuse for a reasonable person in the actor’s circumstances as they believe them to be. Felony of the 2nd degree.

25
Q

Negligent homicide MPC

A

Criminal homicide constitutes negligent homicide when it is committed negligently. 3rd degree felony.

26
Q

Attempt MPC

A

Acting with the culpability otherwise required (CIRCUMSTANCES match) he a) purposely engages in the CONDUCT of the target crime if attendant circumstances he believes, b) purpose with respect to RESULT, c) act/omission must constitute a substantial step toward commission of crime.

27
Q

Substantial steps MPC examples

A

Lying in wait, enticing, reconnoitering the place, unlawful entry, possession of materials, possession/collection/fabrication of materials near the place, soliciting an innocent agent.

28
Q

Accomplice liability for attempt? MPC

A

Yes. If they would be guilty for accomplice liability if it were completed, then they can be guilty of accomplice liability for attempt.

29
Q

renunciation MPC

A

Must manifest complete and voluntary renunciation. Postponement/transferred intent doesn’t count.

30
Q

Attempt that is impossible a crime?

A

Mitigation provision for impossibility for if the results would be so absurd/particular conduct charged in committing attempt is so unlikely to result in commission that it wouldn’t result in the person being a public danger, court may dismiss or grade it lower at its discretion.

31
Q

Accomplice liability is a theory of guilt for…

A

the target crime

32
Q

A person is an accomplice if (mpc?)

A

a) with the purpose of promoting or facilitating the commission of the target offense he i) solicits other person to commit the crime, ii) aids or attempts to aid, or iii) fails to perform a legal duty to prevent.

33
Q

When causing a result is an element, person is an accomplice if he acts with

A

the culpability (if any) required for that result.

34
Q

No accomplice liability if

A

you’re the victim or the offense is so defined that his conduct is inevitably incident to its commission.

35
Q

Can you be guilty of accomplice liability without a conviction for the target offense?

A

Yes.

36
Q

A person is guilty of conspiracy with another

A

if with the purpose of promoting or facilitating commission he a) agrees with such other people that they will engage in conduct that constitutes/attempts a crime, b) agrees to aid such others.

37
Q

Unliateral conspiracy approach

A

Knoweldge of others involved and working toward the same goal is sufficient to infer 1 big conspiracy, even if you don’t know the identity/how many.

38
Q

If a person conspires to commit a number of crimes it is only one conspiracy as long

A

as its part of the same agreement.

39
Q

Prosecutorial advantages???

A
40
Q

Overt act requirement

A

an action which might be innocent itself but if part of the preparation and active furtherance of a crime, can be introduced as evidence of a defendant’s participation in a crime.

41
Q

Renunciation (conspiracy)

A

If he thwarted the success by a conspiracy under circumstances that manifest a complete and voluntary renunciation.

42
Q

A conspiracy ends when

A

a) crime or criems are committed or when everyone abandonds, b) abandonment if neither D nor anyone else does any overt act, and c) if an individual abandons, it is terminated as to him if he tells his co-conspirators of his abandonment or tells law enforcement.

43
Q

Self-defense general rule

A

Use of force against another person is justifiable when actor believes it is immediately necessary to protect himself against the use of unlawful force by another at the present occassion.

44
Q

Deadly force in self-defense?

A

Use of deadly force not justifiable unless actor believes such force is necessary to protect himself against death, serious bodily harm, kidnapping, or forced sexual intercourse.
Also not justified if actor provoked use of force against him with purpose of causing death/SBH.???

45
Q

Duty to retreat (deadly force)

A

Can’t use deadly force if he knows he can retreat in complete safety.

46
Q

Castle exception

A

Not obligated to retreat within own home unless intial agressor.

47
Q

use of force to protect a third person?

A

Can use force to protect a third person when the actor would be justified to use such force to protect himself against the injury he believes to be threatened. Retreat still applies if you think they can also get to safety

48
Q

Choice of evils/necessity

A

Conduct necessary to avoid harm to himself or another is justifiable if:
a) harm sought to be avoided is greater than that sought to be prevented by law.
b) law doesn’t contain exception or defense.
c) no legislative purpose to disallow justification defense.

49
Q

Duress

A

Affirmative defense that actor engaged in the conduct because he was coerced by use or threat of unlawful force against him or another, which a person of reasonable firmness would be unable to resist.

50
Q

X

A
51
Q

X

A
52
Q

X

A
53
Q

X

A
54
Q

X

A
55
Q

Does mental disease or defect includes abnormality manifested by repeated criminal/anti-social conduct?

A

No.

56
Q

Evidence of insanity is admissible if

A

relevant to negating mens rea.

Crim law (3 decks)

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