MPC final exam Flashcards
what is willful ignorance?
1) aware of high prob fact
2) don’t believe the contrary (exception)
what is accomplice MR?
attempt to actually assist. P to facilitate and P that the crime should happen. K sufficient for major felonies.
what is the MR for vicarious liability?
P or K
what is the AR for conspiracy?
agreement to act (overt act only required for minor offenses, not for major felony crimes) K is sufficient
what is a defense for solicitation?
renunciation (persuading person not to commit crime or prevent commission of the crime, complete and voluntary renunciation of criminal purpose)
what is the MR for intentional murder?
P/K (w/ malice aforethought)
what is the MR for attempt?
Purpose regarding actions
if someone commits impossibility in MPC are they guilty?
only pure legal impossibility is not guilty, factual and hybrid are both guilty.
what is the MR of conspiracy?
P (unilateral: allows def soliciting police informants to be found guilty)
what is actus reus?
need only include a voluntary
does MPC allow duress as a valid claim?
yes including homicide (there is no restriction to “imminent harm”)
is there a duty to act?
no unless imposed by law or sufficient under the statute
what is the actus reus of the accomplice?
attempt to aid is enough (purpose to aid; purpose that principal commits crime)
if a D intends to kill one person but kills a different person by accident are they still blameworthy?
yes they are still criminally liable
what can you be charged with when you commit a conspiracy?
cannot be charged with both except when the object of the crime is narrower than the conspiracy
what is the AC of accomplice liability?
open to courts/ambiguous, could be MR or SL depending on circumstances
when is deadly force permitted?
in threats to life, bodily harm, kidnapping or rape
what is an exception for impossibility?
“inherently impossible attempt” “so inherently unlikely”, court discretion for lower or no charge
is an unreasonable belief a defense to a R or N crime (no murder thought)
no
when is someone guilty of solicitation to commit a crime?
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
what is the lesser crime principle?
charges reduced to the lesser crime under MPC, not in CL
does MPC have felony murder?
doesn’t state it but it presumes R for robbery, rape, arson, burglary, kidnap or felonious escape (+1st degree)
what is mens rea requirements? (4)
1) purpose (aim or desire to engage)
2) knowledge (aware of)
3) recklessness (aware of substantially unjustifiable risk)
4) negligence (should have been aware)
whites the result of a conspiracy?
P
what are the laws for assisting suicide?
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
what is gross R?
extreme indifference to the value of human life
what is the innocent agent doctrine
(same as CL) person is legally accountable for conduct of another if he causes an innocent or irresponsible person to engage in conduct.
what is the MR for unintentional MS?
R (consciously disregard substantial and unjustifiable risk)
what is the defense for attempt?
abandonment if “complete and voluntary” before crime is committed
what is the MR for unintentional murder?
gross R
how is murder mitigated to manslaughter?
by extreme emotional disturbance for which there is a reasonable explanation for disturbance (subjective) (provocation not needed)
what is the AC for attempt?
parity (the same mens rea applies to the attempted offense as it would if the offense was completed)
what are the exception that make mistake of law a defense?
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
what is the MR negligent homicide?
N (person should have been aware)
what is the differences between CL and MPC intentional murder?
no categories, instead use aggravating and mitigating factors in sentences. No premeditation included.
what is a defense of conspiracy?
renunciation, voluntarily and completely renunciate and must thwart the success of the conspiracy.
when is mistake of fact a full defense?
if it negates the MR needed to establish the crime (rejects SL altogether)
what is the default MR rules?
if statute does not specify mens rea, P, K or R is required
what is the result of an accomplice crime?
parity
what is duty to retreat?
deadly threat, know retreat from home, except possibly from cohabitants (no duty to retreat from home, and non from work except from coworker)
what is an excuse?
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)
may an accomplice be convicted?
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.
in SL cases what does proximate cause require?
that the result be a probably consequence
what is the MR for suppliers?
P (knowledge is not enough, even for serious crimes)
what is the result for attempt?
purpose, intent or belief that result will be caused
what is the actus reus for attempt?
substantial step in the commission of the crime (lying in wait, enticing, planning)
what is a defense of accomplice?
1) victim of offense
2) conduct inevitably incident to its commission
3) terminates complicity prior to commission
when is strict liability valid for MPC?
only for violations/statutory rape for very young children (under 10)
what is but-for causation?
in dual-cause cases, courts redefine the result (death from two bullet wounds)
what is the test for manslaughter?
subjective reasonable person standard (objective) (if a person is in situation D believed it to be would have EED)
what is needed for exculpation?
subjective standard, only honest belief is required
