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Criminal > MPC final exam > Flashcards

MPC final exam Flashcards

1
Q

what is willful ignorance?

A

1) aware of high prob fact

2) don’t believe the contrary (exception)

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2
Q

what is accomplice MR?

A

attempt to actually assist. P to facilitate and P that the crime should happen. K sufficient for major felonies.

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3
Q

what is the MR for vicarious liability?

A

P or K

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4
Q

what is the AR for conspiracy?

A

agreement to act (overt act only required for minor offenses, not for major felony crimes) K is sufficient

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5
Q

what is a defense for solicitation?

A

renunciation (persuading person not to commit crime or prevent commission of the crime, complete and voluntary renunciation of criminal purpose)

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6
Q

what is the MR for intentional murder?

A

P/K (w/ malice aforethought)

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7
Q

what is the MR for attempt?

A

Purpose regarding actions

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8
Q

if someone commits impossibility in MPC are they guilty?

A

only pure legal impossibility is not guilty, factual and hybrid are both guilty.

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9
Q

what is the MR of conspiracy?

A

P (unilateral: allows def soliciting police informants to be found guilty)

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10
Q

what is actus reus?

A

need only include a voluntary

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11
Q

does MPC allow duress as a valid claim?

A

yes including homicide (there is no restriction to “imminent harm”)

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12
Q

is there a duty to act?

A

no unless imposed by law or sufficient under the statute

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13
Q

what is the actus reus of the accomplice?

A

attempt to aid is enough (purpose to aid; purpose that principal commits crime)

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14
Q

if a D intends to kill one person but kills a different person by accident are they still blameworthy?

A

yes they are still criminally liable

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15
Q

what can you be charged with when you commit a conspiracy?

A

cannot be charged with both except when the object of the crime is narrower than the conspiracy

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16
Q

what is the AC of accomplice liability?

A

open to courts/ambiguous, could be MR or SL depending on circumstances

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17
Q

when is deadly force permitted?

A

in threats to life, bodily harm, kidnapping or rape

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18
Q

what is an exception for impossibility?

A

“inherently impossible attempt” “so inherently unlikely”, court discretion for lower or no charge

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19
Q

is an unreasonable belief a defense to a R or N crime (no murder thought)

A

no

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20
Q

when is someone guilty of solicitation to commit a crime?

A

if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such a crime/attempt/complicity

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21
Q

what is the lesser crime principle?

A

charges reduced to the lesser crime under MPC, not in CL

22
Q

does MPC have felony murder?

A

doesn’t state it but it presumes R for robbery, rape, arson, burglary, kidnap or felonious escape (+1st degree)

23
Q

what is mens rea requirements? (4)

A

1) purpose (aim or desire to engage)
2) knowledge (aware of)
3) recklessness (aware of substantially unjustifiable risk)
4) negligence (should have been aware)

24
Q

whites the result of a conspiracy?

A

P

25
Q

what are the laws for assisting suicide?

A

1) criminal homicide for causing another to take his life but only if he P causes such spice by force, duress or deception.
2) felony punishable at the same level as manslaughter
3) issue of autonomy, where action freely chosen by another person

26
Q

what is gross R?

A

extreme indifference to the value of human life

27
Q

what is the innocent agent doctrine

A

(same as CL) person is legally accountable for conduct of another if he causes an innocent or irresponsible person to engage in conduct.

28
Q

what is the MR for unintentional MS?

A

R (consciously disregard substantial and unjustifiable risk)

29
Q

what is the defense for attempt?

A

abandonment if “complete and voluntary” before crime is committed

30
Q

what is the MR for unintentional murder?

A

gross R

31
Q

how is murder mitigated to manslaughter?

A

by extreme emotional disturbance for which there is a reasonable explanation for disturbance (subjective) (provocation not needed)

32
Q

what is the AC for attempt?

A

parity (the same mens rea applies to the attempted offense as it would if the offense was completed)

33
Q

what are the exception that make mistake of law a defense?

A

1) official statement rule
2) entrapment by estoppel
3) collateral mistake of law (mistaken about a separate law)
4) law establishes defense
5) failure to notify

34
Q

what is the MR negligent homicide?

A

N (person should have been aware)

35
Q

what is the differences between CL and MPC intentional murder?

A

no categories, instead use aggravating and mitigating factors in sentences. No premeditation included.

36
Q

what is a defense of conspiracy?

A

renunciation, voluntarily and completely renunciate and must thwart the success of the conspiracy.

37
Q

when is mistake of fact a full defense?

A

if it negates the MR needed to establish the crime (rejects SL altogether)

38
Q

what is the default MR rules?

A

if statute does not specify mens rea, P, K or R is required

39
Q

what is the result of an accomplice crime?

A

parity

40
Q

what is duty to retreat?

A

deadly threat, know retreat from home, except possibly from cohabitants (no duty to retreat from home, and non from work except from coworker)

41
Q

what is an excuse?

A

mental illness, D lack “substantial capacity” to understand wrongfulness or act w/ volition (discards the “quality and nature” criteria b/c MPC considers it redundant w/ MR)

42
Q

may an accomplice be convicted?

A

yes on proof of the commission of the offense and of his complicity, even if person who committed offense had not been prosecuted or convicted or has been convicted of a diff. offense or degree or has an immunity or has been acquitted.

43
Q

in SL cases what does proximate cause require?

A

that the result be a probably consequence

44
Q

what is the MR for suppliers?

A

P (knowledge is not enough, even for serious crimes)

45
Q

what is the result for attempt?

A

purpose, intent or belief that result will be caused

46
Q

what is the actus reus for attempt?

A

substantial step in the commission of the crime (lying in wait, enticing, planning)

47
Q

what is a defense of accomplice?

A

1) victim of offense
2) conduct inevitably incident to its commission
3) terminates complicity prior to commission

48
Q

when is strict liability valid for MPC?

A

only for violations/statutory rape for very young children (under 10)

49
Q

what is but-for causation?

A

in dual-cause cases, courts redefine the result (death from two bullet wounds)

50
Q

what is the test for manslaughter?

A

subjective reasonable person standard (objective) (if a person is in situation D believed it to be would have EED)

51
Q

what is needed for exculpation?

A

subjective standard, only honest belief is required

Criminal (6 decks)

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