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Define Actus Reus
Physical or external part of a crime
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Define a Voluntary act in the MPC
Willed movement of the body
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Define a voluntary act in the common law
Willed movement of the body
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When can an omission be an actus reus under the common law?
When the actor owes a legal duty to the victim
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When can an omission be an actus reus under the MPC?
When the actor owes a legal duty to the victim
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Define Mens rea
The guilty state of mind that is the subjective component of a crime
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What is the mental state of intent toward a result in the common law?
It means either purpose (concious object to cause result) or knowledge (awareness that the result is reasonably certain)
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In the MPC, if no mental state is listed for a crime, what mental state is required?
Recklessness.
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Define the mental state of knowledge toward a result and an attendant circumstance
When a defendant is aware of the attendant circumstance or practically certain a harmful result will occur
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What is willful blindness?
A form of the mental state of knowledge. When you suspect an attendant circumstance may exist, but willfully avoid investigating it.
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What is recklessness toward a result?
When the actor's reasons for taking the risk as he perceived it were not objectively verifiable
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What is recklessness toward an attendant circumstance?
When an actor suspects, but does not believe, that the attendant circumstance exists
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What is negligence toward a result and towards attendant circumstances?
When the actor should, by the standard of a reasonable person, know the result will happen or be aware of the attendant circumstance, but is not.
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What is the mental state of intent toward an attendant circumstance?
Awareness, belief, or hope that a circumstance exists
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Under the MPC, what elements does the listed mens rea apply to?
All material elements (result, conduct, attendant circumstances)
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What mens rea is required for a strict liability offense?
None
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When is mistake of fact a defense at common law?
- For specific intent crimes, when it is honest
- For general intent crimes, when it is honest AND reasonable
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When is mistake of fact a defense in the MPC?
When it negates the mens rea required to establish a material element of the offense
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What is same law ignorance?
When the actor did not know his conduct was a crime
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What is different law mistake?
When the actor understands the law to say his conduct is not a crime, but it is.
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When is mistake of law a defense in common law?
When statute provides, actor relies on a highly official statement of law, or actor has not been given notice of the law
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When is different law mistake a defense at common law?
Only when it is an honest mistake about a specific intent element
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What is the difference between general and specific intent?
- General intent is the intent toward the result or conduct, specific intent is acting:
- 1. With an intent to commit a future act
- 2. With a special motive
- 3. Or with awareness of an attendant circumstance
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When is mistake of law a defense under the MPC?
Statute provides, actor reasonably relies on a very official statement of law, or actor has not been give notice of law.
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When is different law mistake a defense under the MPC?
When it negates the mental state required to prove an element of the offense
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What is cause in fact?
Action that causes a result to happen at the time that it happens
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What is the substantial factor doctrine?
Common law doctrine that concurrent sufficient factors can all be charged as the crime.
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What are some things that break the chain of causation for proximate cause?
Voluntary human action, contributory negligance, the events set in motion come to a place of apparent safety
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What is Murder at common law?
The unlawful killing of a human being with malice aforethought
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What actions show express malice at common law?
Intent to kill, premeditation
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At common law, what types of murder carry implied malice?
Depraved Heart, Intent to cause GBH, Felony Murder
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At common law, what is depraved heart murder?
When someone dies because the actor acts with extreme recklessness that shows wanton and antisocial disregard for human life.
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At common law, what is felony murder?
When someone dies in the process of the actor committing a felony. This must be temporally and causally related
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At common law, what is voluntary manslaughter?
Killing in a sudden quarrel or heat of passion
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What 3 questions are asked to determine provocation for manslaughter?
- 1) Was there a provocation?
- 2) Would that provocation have caused a reasonable man to lose control?
- 3) Did that person lose control?
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In the Pennsylvania scheme, what constitutes 1st degree murder?
- Purpose to kill plus premediation
- Purpose to kill plus enumerated manner which shows premeditation (lying in wait, poisoning)
- Felony murder with certain serious enumerated felonies
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In the Pennsylvania scheme, what is second degree murder?
- Intention to kill without premeditation
- Purpose to inflict GBH
- Depraved Heart Murder
- Felony murder with lesser felonies
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In the Pennsylvania scheme, what is voluntary manslaughter?
Killing in a sudden quarrel or the heat of passion
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In the Pennsylvania scheme, what is involuntary manslaughter?
Killing negligently or in commission of a misdemeanor
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In the MPC, what three things are murder?
- Unlawful killing with purpose
- Unlawful killing with knowledge
- Depraved heart murder
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In the MPC, what is manslaughter?
- Unlawful killing commited recklessly
- Recklessness presumed if committing a felony
Unlawful killing under extreme mental or emotional disturbance
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In the MPC, what is negligent homicide?
Unlawful killing committed negligently
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What is justification?
When circumstances make ordinarily criminal conduct permissible or desirable
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What are the elements to justify use of deadly force?
- Necessity
- Imminence
- Proportionality
- Reasonable belief that all elements exist
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When can initial aggressor use self defense as a justification?
- When other party presses attack after situation has been defused
- Or when other party responds to an attack with disproportionate force
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What is the castle doctrine?
In jurisdictions with a duty to retreat, that duty does not apply within the home.
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What is imperfect self-defense in common law and what does it do?
- Means different things in different jurisdictions:
- Sometimes use of deadly force where belief in danger is honest but unreasonable
- Sometimes disproportionate response
Mitigates to a lesser offense
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Does the MPC require that threat be imminent to use deadly force?
No. Only requires that force be immediately necessary
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Does the MPC require retreat if it can be done in safety?
Yes.
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Does the MPC require an honest belief that deadly force is necessary, or and honest and reasonable belief?
Honest belief only
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What are the elements for necessity at common law?
- Harm avoided is imminent
- No legal alternatives exist
- Harm caused is less than harm avoided
- Act has causal relationship to avoding harm
- D not reckless or negligent in bringing about the necessity
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What are the elements of Necessity in the MPC?
- Actor must believe his conduct is necessary to avoid an evil
- Harm avoided must be greater than harm caused
- Must not be pre-empted by statute
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What is an excuse?
Reason that someone who has committed a crime should not be punished for it
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Is self-defense a justification or an excuse?
A justification
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Is necessity a justification or an excuse?
A justification
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Is duress a justification or an excuse?
An excuse
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What are the common law elements of duress?
- Reasonable belief there is an imminent threat of death or bodily injury
- Reasonable belief there is no reasonable opportunity to escape
- Defendant did not create situation
- Does not apply to murder
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What are the elements of duress in the MPC?
- Use or threat of use of unlawful force against a person
- That a person of reasonable firmness could not resist
- Not brought about negligently
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Is intoxication a justification or an excuse?
An excuse
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When is intoxication a defense at common law?
When it applies to specific intent elements of specific intent crimes
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When is voluntary intoxication a defense in the MPC?
When it negates an element of the offense
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Is insanity a justification or an excuse?
An excuse
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Who bears the burden of proof of insanity?
The defendant
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What is the M'Naghten standard of insanity?
Mental disease or defect that means you don't know the quality of your act or that it was wrong
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What is the irresistable impulse definition of insanity?
Mental disease makes a defendant unable to resist his impulses and drives him to commit a crime
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What is the product test of insanity?
The criminal act is a product of a mental disease or defect
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What is the MPC definition of insanity?
That, because of a mental disease or defect, actor lacked the substantial capacity to appreciate the wrongness of his conduct.
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What is diminished capacity? Does it work in the common law? In the MPC?
A partial affirmative defense that a mental defect short of insanity diminishes culpability. It mitigates murder to manslaughter.
- Works in MPC
- Does not work in Common law
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How is insanity used in states that have abolished the insanity defense?
To negate elements of mens rea
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Give an example of a completed attempt
Person shoots at another person and misses
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Give an example of an incomplete attempt
Person lies in wait to kill another person, but is arrested before he can attempt it
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Does the MPC focus more on conduct or state of mind when judging an attempt?
State of mind
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Does the common law focus more on conduct or state of mind when judging an attempt?
Conduct
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What mens rea is required for a completed attempt at a result crime in the MPC?
Purpose or knowledge
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What mens rea is required for an incomplete crime in the MPC?
Purpose or knowledge
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What mens rea is required for a completed attempt at a conduct crime in the MPC?
Trick question, a completed attempt would constitute the crime
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What actus reus is required to convict of an attempt in the MPC?
A sustantial step toward the crime
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What types of impossibility are a defense under the MPC?
Legal impossibility only
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What is legal impossibility?
- Actor believes his conduct is a crime, but it is not
- Defense in both common law and MPC
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What is hybrid legal impossibility?
Actor's goal is illegal but offense is impossible due to a factual mistake about an attendant circumstance
Not a defense in MPC or Common law
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What is factual impossibility?
Intended end is a crime but it is not consumated because of a mistake about a fact
Not a defense in common law or the MPC
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What is inherent impossibility?
End sought is criminal, but reasonable person would see the means to that end as completely inappropriate
- Defense in common law
- Mitigation in MPC
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What is the mens rea required for a conduct crime attempt in the common law?
Purpose
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What is the mens rea required for a result crime attempt in the common law?
Purpose or knowledge
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What is the mens rea required toward an attendant circumstance in an attempt at common law?
The same as is required toward the substantive offense
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When does prepartion become an attempt in common law?
Closer proximity to offense or tendancy to cause fear in a reasonable observer
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What are the two intents required for accomplice liability?
- Intent to facilitate the conduct of the principal and
- Mens rea toward the result as required by the substantive crime
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What actus reus is required for accomplice liability in the MPC?
- Request, command, or encouragement of the crime
- Assistance, attempt or agreement to assist
- Omission (if under a legal duty to prevent the crime)
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What actus reus is required for accomplice liability in the MPC?
- Request command or encouragement
- Effective assistance
- Omission (If under an obligation to prevent the crime)
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Can a person be convicted of accomplice liability if there is no actual underlying crime, as in a police sting?
Yes in MPC, no in common law
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What is the natural consequences doctrine and where does it apply?
If principal commits secondary offense that is a natural and probable consequence of the first offense, accomplice can be found guilty of it without intent.
Common law doctrine only.
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When is voluntary intoxication a defense at common law?
When it negates a specific intent element of a specific intent crime.
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When is intoxication a defense in the MPC?
When it negates any element of the crime. Exception, recklessness not excused by intoxication
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