Rules COPY

Question 1

MPC and CL are the same: Possession

what is the rule of possession
and an act

Answer 1

RULE: Possession as an **“Act”
Two ways of possession:
1. you knowingly (see below) procure or receive the item.
2. acquired control, was aware of its control, and had sufficient time** to have enabled the discarding/termination

Possession Presupposes Actus Reus

W/o awareness ther eis not actus Reus
W/o Possession there is not Actus Reus

Question 2

Actus Reus

Answer 2

RULE: both the same for the MPC and CL, “Actus Reus must be based on** voluntary behavior as a condition or statute?”**

Question 3

PKRN U2

Purposely

i. E = NOC or ROC and D C objective to engage CON ot COR

Answer 3

1) Purposely – did I hurt you, that is exactly what I was trying to do.
Purposefully: conscious object
2.02 2 a
i: if elements involve the nature of conduct or results of conduct, it is D’s conscious objective to engage in the conduct of the nature or cause a result.
II: if the element involves and attendant circumstance, he is aware of the existence of such circumstances or believes or hope that they exist.

II. E= ATC, aware of the existance of the ATC or D BorH it exists.

Question 4

PKRN

Knowingly

E= involves NOC or ATC, D aware his CON or ATC exist

Answer 4

2) Knowingly- I wasn’t trying to hurt you but I knew that It would turn out that way.

i. Knowingly: Awareness
2.02 1b:
I: if an element involves the nature of conduct or the attendant circumstance, D is aware of that his conduct is of the nature or that such circumstances exist.

II: if the element involves the result of his conduct, his is aware that it is practically certain that his conduct will cause such a result. 

• D is aware of these circumstances when he is aware of a high probability that they exist and deliberately avoids learning the truth. willful blindness.
• when he knows that his conduct will necessarily or very likely cause such a result.

E= involves ROC, D aware PC this C will such result

aware of the conduct and practically certain that the conduct will yield a particular result.

Question 5

PKRN

Recklessly

Answer 5

Recklessly (hull case)- I wasn’t trying to hurt you ….

C person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.

An act performed recklessly is also performed wantonly. Recklessness requires that the actor take an unjustifiable risk and that he know of and consciously disregard the risk.
Mere realization of the risk is not enough. He must know that injury might result (if he knows that it is certain to result, he acts knowingly). Thus, recklessness involves both objective (“unjustifiable risk”) and subjective (“awareness”) elements.

Question 6

PKRN

Negligently

(ME) D should be aware of S&U risk that ME exists or will RoC. Risk must be of such a N&degree that the actor’s failure to perceive it, considering the N& purpose of his conduct and circumstances known to him, involved a gross deviation for the standard of care of RP would observe in actors situation.

Answer 6

b. Negligence- I wasn’t trying to hurt you, and I did not see that coming.
D fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances.

D must have taken a very unreasonable risk in light of the usefulness of his conduct, his knowledge of the facts, and the nature and extent of the harm that may be caused.

Question 7

What is the first part of **Purposefully **

Answer 7

2.02 2 a i: For conduct ** and result elements purpose means: that it is D’s conscious object (means: it was the object of D), ** to engage in the coduct of *that nature **OR* conscious object to cause result.

Purposefully: U2- condUct and resUlt elements,

conscious objective of D to act in the prohibited way or cause prohibitve result

Question 8

Purposefully Part II

Answer 8

202 2a ii: For Attendant circumstances elements: D is aware of the existance of such circumstances OR believes OR hopes that they will exist.

When analyzing the first thing you do is to analyze the elements

Question 9

purposefully odds and ends

Answer 9

1. There is **no probability **analysis
2. Purposful ACTS desire SPECIFIC RESULTS

Question 10

Default mens reas for MPC

Answer 10

Recklessness (it is important to note that if there is another mens rea that attaches to an element the in the law, the default of reclessness still applies to elements w/no mens reas)

i need to figure this out, statutes it seems to roll through to each element.

“Model Penal Code [§ 2.02] establishes recklessness as the default minimum mens rea for criminal offenses,” and specifies that, “[i]f a more culpable mental state, **such as intent or knowledge, is required for a criminal offense, ‘it is conventional to be explicit’”; **

Question 11

Default Mens Rea for a statute

Answer 11

Default is reclessness, but if this is a Mens Rea listed then the listed Mens Rea passes through all elements

Question 12

what are non material elements

Answer 12

not connected with the harm or evil, incedent or conduct, sought to be prevented

venue, jurisdiction and statute of limitations

Question 13

what are material elements

Answer 13

conduct, attendant circumstances and result.

connected w/ the harm/evil, incedent or conduct, sought to be prevented

Question 14

conduct and result

Answer 14

usually verbs- to destory,

look obn page 87, “whoever employs fire and destroys…” destroy is both a conduct and result, but what is destroys?

Question 15

attendant circumstance

Answer 15

any material element that is not the result of conduct. They are usually nouns and adjectives.

Question 16

what elements must the that prove

a

Answer 16

all elements beyond a reasonable doubt and the appropriate mental states

Question 17

Recklessness

Answer 17

202 1 c: D consciously disregards a **substantial and unjustifiable risk ** that the **material element exists **or will result from D’s conduct. the risk must be of such the nature and degree that considering the nature and purpose of the actor’s conduct and the circumstances know to him, its disregard incolves a gross deviation from the standard of conduct that a law-abiding person would observe in the actors situation.

D foresees the harm may occur or an attendant circumstane is present

need to know what is going on in his mind

Question 18

Negligence

2.02 1 d

Answer 18

2.02 1 d: D should be aware of the substantial and unjustifiable risk taht the material elements exists or will ersuly from this conduct. the risk must be of such a nature and purpose of his conduct and the cricumstances known to him, involved a gross deviation from the standard of care that a **reasonable person **would observe in the actor’s situation.

Question 19

which mens reas has a subjective element : negligence or recklessly

SR

Answer 19

recklessly- consciously disregard a substantial and unjustifiable risk

RS

Question 20

which mens reas should you be aware of the substantial and unjustifiable: risk negligence or recklessly

Answer 20

negligence

Question 21

MPC culpability and non-material elements

look carefully at page 100 of examples

Answer 21

cupability does not apply to non-material standards (there are like strict liability see top of page 101, jurisdiction, venue and statute of limitations.

Question 22

strict liability

Answer 22

no level of mental state required, small petty stuff that is deamed in the interest of the public. although it does cover seme serious stuff like statutory rape.

Question 23

difference between: knowing and willfully blind

Answer 23

if there is a high probability that red knew there was a book it could be willfully blind 202.7

if you are willfully blind you know

Question 24

The Principle of Contemporaneity and the relavent actus reus

Concurrence

page 79-80 and question 9? bad brakes

Answer 24

the mens rea and the actus reus must coincide.
BUT the relevant Actus Reus may be an earlier act. like putting poison in a sugar bowl or not fixing brakes of car, or epelectic seizures.

page 79 bottom, consider moving the timeframe back, did D have the requsiter mens rea that ultimatley casued the harm.

Question 25

how to answer a question

Answer 25

ID the source of Law, ID material and immaterial elements, Apply the mens rea through the correct elements. Alway write out the proper mental state I.E. “conscious disregard of a substantial and unjdutifiable risk.” don’t forget some mens reas are attached differently for **conduct **or result and or attendant circumstances

id the evil that that the law is trying to prevent.

Question 26

Common Law mens rea stops at the VERB

Answer 26

CL courts are all over the map. A majority would say that the Mens rea would modify that phase it is attached to. A minority would say that it stops at the first verb it modifies.

Question 27

Federal courts and mens reas

Answer 27

the general proposition is that the mens rea applies to all elements of the law. There is a default element of recklessness.

Question 28

motive, intent and admissability

Answer 28

Motive is not an element of any offense,** if motive can support an inference** that someone acted intentionally, it will likely be admissable

Question 29

motive being relevant

Answer 29

when a motive does not dispute intentionally killiing someone, just WHY the killed intentionally,** it not likely to be admissable**

Question 30

CL: Mistake and specific intent

Answer 30

a mistake of LAW, not matter how unreasonable is a defense to a specific intent crime

Question 31

Factual Mistake

Answer 31

I was unaware that the white powder in the vial was cocaine. page 107

Question 32

legal mistake

Answer 32

you for assistance about a law, get advice but you still violate the law.

dumping waste that you though was not hazardous

Question 33

defense to specific intent crimes

Answer 33

lack of specific intent and relied on others for advise.

legal mistake page 107

Question 34

what is the standard of review for the appellet court

Answer 34

Recklessness (it is important to note that if there is another mens rea that attaches to an element the in the law, the default of reclessness still applies to elements w/no mens reas)

i need to figure this out, statutes it seems to roll through to each element.

Question 35

An act performed recklessly is also

Answer 35

is also performed wantonly

Question 36

Worthy

kidnapped in car

Answer 36

whoever** knowingly** restrains (meaning to confine, limit or restrict one’s liberty) using unlawful means and that restraind under the cricumstances exposes the detaineee to risk of serious bodily harm shall be punished

aware of the conduct and practically certain that the conduct will yield a particular result.

Question 37

when it is not clear what element the Mens rea belongs to

MPC and CL

2.02 $4

Answer 37

it will belong to all material elements unless a contrary purpose plainly appears (i need and example of this )

ask this question of professor, does he mean all material E or all E.

Question 38

Holloway give me your keys case

2.02 $6 Requirement of purpose is satisfied if purpose in conditional

MPC and CL

Purpose is referring to the mens rea culpable state of purpose

Answer 38

when a particular purpose in and element of an offense,** the element is established** although such purpsoe is conditional, UNLESS the the condition negative the harm or evil sought to be prevented by the law defining the offense

this is holloway: “whoever, with the intent to cause death or bodily harm.…”

Question 39

what is a Harmless Error

what i argue: but for this error there would be a different outcome (thompson 276 new book), you need to properly preserve an error with an objection.

Answer 39

if appealed and court sees that BYRD the efforty is harmless than the conviction will stand!!

it is not harmless if it effects D rights: for example in Worthy if the JY was instructed correctly, thay may have concluded that D’d acts didn’t expose V to serious bodily injury. the JY may have bought the story about the bucking manual shift car.

Question 40

2.02 $7 The requierment for knowledge is satisfied By:

Answer 40

knowledge of a high probability: when knowledge of a particular fact is an element of an offense, knowlege is established if a person **is aware of a high probability of it existance, **unless he actually beleives that is does not exist.

Question 41

wilfull blindness

Answer 41

Willful blindness
- Ask who get the benefit of this
o I stop and do not want to know more
- It is not a substitute for knowledge, IT IS KNOWLEDGE
- **Willful blindness is more culpable than recklessness and negligence **
Reckless driving and post office example: you don’t open the letter from the registry

Global Tech
- This was not a one time event, it went of for years

Question 42

Take a Breadth

Answer 42

Question 43

transferred indent

Answer 43

Question 44

CL Transferred Intent

does not transfer to property damage

Answer 44

CL: intent follows the bullet. There is no windfall or free pass for bad aim

o D is responsible for foreseeable consequences that flow from D’s acts

not covered:
look to see: was the harm different in kind
was the harm property damage

we resort to legal fiction go get correct result

CL recognizes TI except in cases where it doesnt.

Question 45

Transferred intent MPC Default

Answer 45

is generally prohibited under the MPC

Question 46

Strict Liability

disfavored

Blake 181-182 violation of state and federal constitution.
- there was no conduct and no mens rea

Answer 46

• limited, guilty w/o fault, no mental state required.
  example: contaminated food in stream of commernce.
• applies to people and organizations who are in the best position to protect the public, traffic laws,
• the penalty needs to be minimal, as penalties go up so does mens Rea
  - must be knowing.

Blake: you cannot possess the contraband if you do not know you have it

example: cigarrettes w/o tax stamps, possession (must be knowing) is a strict liability offense

Question 47

Mistake as a defense

not all mistakes of fact are a defense, like unreasonable mistakes.

Answer 47

• D will raise mistake of fact (effort to create reasonable doubt), D will argue that mistake negates mens rea
• reasonable mistake of fact- is a ordinaty care/person standard under similiar circumstances

no person with ordinary care could make such a mistake under similiar C

Question 48

CL

3 CL principles of mistake as a defense

mistake defense aims to nullify Mens Rea

Answer 48

1. general intent crimes: only 1kind of mistake- a reasonable mistake
2. specifin intent crime- any mistake both reasonable and unreasonable can be a defense.
3. strict liability- no mistak will be a defesne because there is not Mens Rea

Question 49

1 principle of Mistake as a Defense for MPC

MPC

Answer 49

any mistake is a defense if it could conceivably negative the intent element of a crime

Question 50

what is murder under MPC (210.2)

not not homicide

Answer 50

1. commited knowingly or purposefully
   or
2. committed recklessly under circumstances manifesting extreeme indifference to the value of human life.

presumption of recklessness in the process of committing robbery, rape arson, burglary, kidnapping or felonious escape

Question 51

omission

Answer 51

existance of a legal duty
- special relationship
- (other parent failing to stop child abuse)
- contract
- D caused the danger
- undertakingi D come to render assistance leaves V worse off than before

Question 52

Actus Reus by ommission

Answer 52

Yes. A caretaker who has a legal duty to care for another can be held criminally liable for a failure to act, criminal liability only if there is a legal duty to act imposed by law or contract.

omission must be the immediate and direct cause of death

Question 53

Actus Reus by ommission: held responsible only if:

Answer 53

omission must be the immediate and direct cause of death