MPC Analysis on Culpability

Question 1

Abbreviations allowed for Dobson’s final exam essay portion

Answer 1

Model Penal Code = MPC

Because = b/c

With = W/

Without = w/out

Within = w/n

And = &

Prosecution/state = Pros. or pie symbol

Defendant = Def. or triangle symbol

Material element of offense = MEO

Question 2

Steps for parsing down the Offense language

Answer 2

1. Get rid of words that aren’t relevant to actus reus
2. Separate AR into various material elements of offense (MEO) and say why they’re important (ask why?)
3. Determine statutorily appropriate culpability level for each MEO (ask why?)
4. Consider revising #2 conclusions bc of #3 (ask why?)
5. Now look back to see if MEO is met for each (ask why?)
6. EXTRA Step–> apply facts now to see if each MEO’s culpability level is satisfied

Question 3

If there is a presence of one lvl of culpability…

Answer 3

–> it should then exclude another culpability

You’re simply following canons of construction

However, there can be multiple culpability levels present in one offense state LNG

Question 3

result is…

Answer 3

is the harm that the statute is trying to prevent

Question 4

Also note that every offense definition LNG doesn’t have to have every material element…like….

Answer 4

result

conduct

circumstance

Question 5

circumstance is…

Answer 5

special factors in the offense that must be present

Question 6

conduct is…

Answer 6

the action or omission (overt act)

and conduct is universally applicable to any offense LNG

Question 7

When dealing with MPC purposely element –> do not confuse…

Answer 7

…motive of D with the MPC purposely

Sometimes motive can or can’t be an element to a statute for example in hate crimes

Question 8

When using MPC 2.02 (3) or (4) –> argue for ….

Answer 8

for either subsection

Question 9

MPC 2.02(3) rule

When the level of culpability of an offense is not prescribed by law into the offense..

Answer 9

then such elements is established if a persons:

purposely
Knowingly
OR recklessly

Question 10

MPC 2.02(3)

what if negligence isn’t written explicitly into the offense LNG?

Answer 10

2.02 (3) can still apply even if the negligence culpability word is explicitly written into the crime statute

Question 11

MPC 2.02(3)

Generally, when no culpability level it specified–>

Answer 11

use the default (the lowest level of culpability that can be proscribed to any or set of material element(s))

Thus if applicable–> Knowingly shall be applied

Question 12

MPC 2.02(3)

When you have the same explicit culpability stated twice or more–>

Answer 12

the other leftover material elements still need to be prescribed–>so you prescribe the lowest level culpability

Question 13

MPC 2.02(3)

what else do you do after you assigned a culpability into the offense LNG–>

Answer 13

If you follow the canon of construction reasoning that if you place the same culpability level at beginning running through whole offense LNG–> you still must you keep the original culpability level in place where it is

Question 14

MPC 2.02(4) rule

if a law that proscribes one mental culpability to all material elements–>

Answer 14

that mental culpability applies to all MEO’s

Question 15

MPC 2.02(4)

so if mental culpability applies to all MEO’s–>can you place it anywhere?

Answer 15

you are permitted to read the expressed culpability level at the beginning of the offense LNG even if the culpability lvl is placed in the middle or end to the offense LNG

Question 16

MPC 2.02(4)

2 Exceptions

Answer 16

if a contrary purpose/intent plainly appears –> then you cannot apply the lvl culpability to all MEO’s

If the offense statute explicitly states 2 levels of culpability –> then you cannot apply 2.02 (4) –> then must use 2.02(3)