criminal law charts

Defense Non-MPC MPC

Self Defense Proportional, human threat, unlawful, imminent, necessary, and have an honest and reasonable belief.No retreat rule, Aggressor Limit, case doctrine, imperfect SD (didn’t retreat or unreasonable)

Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety)Imperfect SD (reckless or negligence crime instead)

Defense of others Intervenor must be correct (or reasonably appear justified), other person’s shoes doctrine

Subjective belief, must be proportional response, believe other is justified in self defense and believe intervention is necessary

Effectuation of Arrest Deadly force okak if reasonable necessary, offense must be a forcible felony, must give notice of arrest and must be correct (mistake no excuse)

Deadly force never available to private persons. Only for police if for a felony, no risk to bystanders and there is a substantial risk to others if arrest is delayed

Crime Prevention Deadly force is okay to prevent ay felony and deadly force is reasonably necessary. Narrow/Majority view - only for atrocious/forcible felonies

Deadly force okay if substantial risk that suspect will cause death or s.b.i. To another (or has already) and deadly force present no risk to bystanders.

Necessity/Justification Clear and imminent danger, reasonable person think that action effective to abate danger, no legal alternative, choose lesser evil, lawmakers must not have anticipated situation, clean hands, natural force (some), not for homicide

If it is necessary, chose lesser evil, no legislative intent to exclude your choice, no imminency req., no clean hands req., no natural forces req.

Defense Non-MPC MPC

Duress/Excuse Human threat (kill or s.b.i.) Reasonable believes threat, threat is present imminent impending, no reasonable escape, clean hands, no defense to intentional killing but could be mitigation to manslaughter

Human threat, unlawful force, person or reasonable firmness been unable to resist threat of death or s.b.i., unavailable if recklessly in situation but ok for negligently.

Mens Rea Actus Reus Merger Defenses Misc

Attempt CL- Specific intent MPC - Purposely or knowingly (complete attempt)

CL - substantial step beyond mere preparation.MPC-substantial step, conduct strongly corroborative of crim. purpose

Yes CL - hybrid legal imposs., abandonment (only in some) Legal impossibilityMPC-pure legal imposs.,abandonment

Tests-unequivocallyDangerous proximity

Solicitation CL- specific intentMPC-purpose

CL-communicated solicitationMPC- solicit to commit/attempt crime, uncomm. ok

Yes CL - no defenseMPC - abandonment (try to stop crime)

CL - solicitor cannot commit crime himself

Defense Non-MPC MPC

Conspiracy CL- dual intent, Purpose or infer from knowledge MPC -purpose only

CL-agreement, crimes +, no overt actMPC-agreement to crime only, overt acts (except 1st/2nd Fs)

CL- noMPC- Yes unless conspiracy has uncommitted crimes

CL- whartons rule, legislative exemption, Abandonment (for future liability)MPC-abandonment (stop crime) legislative exemption

CL-pluralityMPC- unilateralCL - Pinkerton (within scope and foreseeable consequence)MPC-must be accomplice of crime or not liability --> conspiracy

Accomplice CL- dual intent (or just have mental state for crime)MPC-purpose

CL-must in fact aid, any aid sufficesMPC-any aid, even if ineffectual (Attempt to aid, agreeing to aid

N/a CL- abandonment (must neutralize) Legis. ExemptionMPC-victim, inevitable incident, abandonment (must neutralize)

CL-natural and probable consequences, non-proxyable offenses, MPC rejects both.

Defense Non-MPC MPC

MurderCommon law

CL def- intentional killing of human being by another human being with malice aforethgouth

CL degrees

Involuntary mans

Voluntary man

Mens rea:

Malice aforethought- intent ot kill- intent to ocmmit griev bodily injury-abandoned or malig heart- depraved heart

Actus: intentional killing by another human being

Defenses:

Self defense

Diminished capac-?

Insanity

Adequate provacation in heat of passion

Defense Non-MPC MPC

MurderMPC

Criminal homicide when commited purposely, knowingly, or extreme recklessness committed under circum manifesting extreme indiff to human life

MPC DEGREE-

Murder felony of first degree

Mens rea: included in definiton

Actus reus: causing death of another human being through voluntary act

2:01(1)- voluntary act2:02-pkrn

Defenses:

Justification: NecessitySelf defenseLaw enforcementDefense of anotherDuress

Excuse:TheoriesInvoluntary intoxication- lacks substantial capacity to conform conduct to law

Insanity: 4:01- mental disease or defect excluding responsibility-

EMED: extreme mental/emotional dif

Defense Non-MPC MPC

Attempt CL- Specific intent MPC - Purposely or knowingly (complete attempt)




Voluntary Manslaughter- CL

Definition:unlawful intentional homicide committed w/o malice aforethought- concession to frailty of human natureD compared to reasonable person

Actus:

See def

Rule of provocation: Adequate provacatoin/heat of passion/no cool down time/intentional killing/no malice

Cool down time=shortAll needed to get this- WORDS NEVER ENOUGH

Mens rea: intent to kill- purposefully & knowingly-

Needed- old cl1. witnessed seduction of wife2. seduction of daughter3. or receive severe battery

Invonluntary manslaughter- CL

Def: unlawful killing of another human without malice aforethought

Actus: see def- unlawful killing of human

Mens rea- negligece/misdeamnor murder rule- if osmoene dies during commission of misdeamenor


Defense Non-MPC MPC

Manslaughter: MPC

Def:

Reckless/EMD


Mens rea- recklessly

Recklessly: taking a substantial and unjustified risk

CL- Specific intent MPC - Purposely or knowingly (complete attempt)




RAPE at CL sexual intercourse by a man with a woman- not his wife against her will

threat of force or force suffiicne-but a type of force required

Actus- see def

resistance requirment sometimes needed to prove lack of consent- verbal is enough

blackstone- carnal knowledgeof a woman forcibly and against her will

Mens rea: see def implied

GENERAL INTENT CRIME

Defenses:

Mistake of fact (consent)

Insanity

Duress

RAPE- MPC Definition: male who has secual intercourse with female not his wife is guilty of rape if 1. He compels her to submit by force, threat of imminent death, seriously bodily injury, extreme pain or kidnapping- on anyone

OR

He substantially impaired her power to control her conduct by drugs without her knowledge

ORFemale is unconscious

OR Less than 10 yrs old

Actus: see def

Mens: PKRN

GENERAL INTENT

Defenses:

Mistake of fact regarding consent

Mental disease or defect

Duress

Consent- if you later prove she was lying


Gross sexual imposition- MPC

Definition: Provides a lessor degree of liabilty- felony in the 3rd degree

MCNaughten Rule- CL- developed in response to mcnaughten attempting to kill member of parliament

28 states use this-MAJORITY

Def: person by reason of defect of the mind or mental disease:

did not know nature and quality of his act

OR (cognitive) Or if he did knw nature and quality of his act he didn’t know that the act was wrong- MORAL VIEWWrong- legal wrong or moral wrong

Jurisdiction:

Some states require MCNAUGHTEN + = ireestible impulse test- which is volitional- doesn’t need to be spur of moment- can build to it- (test- if there was cop there and u still did it- its irrestible test)

Mental disease or defect- MPC

MINIORITY

Definition: at time of conduct as result of mental disease or defect he lacks sub capacity to either appreciate criminality or (wrongfulness) OR

To conform his conduct to requirements of law

- criminality OR wrongfulness- each jurisdiction picks only one

CL - hybrid legal imposs., abandonment (only in some) Legal impossibilityMPC-pure legal imposs.,abandonment


DIM CAP- CL

Def:

2 forms:

1. Mens rea form:

D offers dmi cap evidence to show he couldn’t form the require mens rea-

2. D offers dim cap evidence to show that even if he did have mens rea- should be partially excused

Defense:

Failure of proof- used in mens rea form

VERY FEW STATES RECOG DIM CAP- happened after twinkie defense

INFANCY- CL

Def: Old CL7 & below- no liability- conclusively presumed to lack criminal capacitty

7- 14- rebuttably presumed to lack criminal capacity

14 & up- fully responsible

Modern CL:

Most states have juvenile courts and statutes have taken care of this- heavy emphasis on rehabilitation

INFANCY- MPC 4:10

A persona shall not be tried or convicted if at the time of conduct would be less than 16 yrs of age by an adult court- juvenile court is exclusive jurdisdictoin

**CONCEPT OF WAIVER STATUTES-

VOLUNTARY NTOXICATION: CL & MPC

CL: Not a defense unlessThe crime was specific intent and to the extent it negates mens rea-

HEAVILY DISFAVORED

Attemped murder: need specific intent so voluntary could be used as a defense to this

INVOLUNTARY INTOXICATION: CL & MPC

CL & MPC: ways to become involuntarily -intoxicated:-coerced-pathologicalinnocent -mistake-drug reaction

MPC: Same language as insanity- and applies the same as insanity

Involuntary intoxication negates mens rea

Larceny- CL Def: tresspatory taking (caption) and carrying away (asportation) of personal property of another with intent to steal ie. Permanently deprive other party of posession

Custody v. constructive possession

Mens rea: intent to steal

Actus reus: stealing

Types:

1. trick- in order to get o someone to give u property u commit fraud or deceit2. continuing trespass rule- tresspasory something w/o intent to steal its still larceny if u decided to take it away later

THEFT: MPC

Def: unlawful taking or exercising unlawful control over movable property of another with purpose to deprive them thereof

Mens rea: Purpose to deprive him therefore- PKR

Actus: unlawful taking

MPC: there is theft of movable property

CL- no stealing of movable property

BURGLARY: CL

Elements: -breaking act-entering act-dwelling house -of another-at night-with intent to commite felony therein

Mens rea: intent to commit felony therein

BURGLARY: MPC

Elements: intent to enter a building or structure occupied with purpose to commit crime therein unless open to public or u have license

evidence must show that they entered specifically to commit crime

BURGLAY- FELONY OF THIRD DEGREE

Mens rea: purpose to crime therein

Affirmative defense: building or structure abandoned

SECOND DEGREE IF U SHOW UP AT NIGHT OR IF U HURT SOMEBODY OR HAVE A WEAPON

ROBBERY: theft or larceny plus force or threat of force

Duress: use of or threat to use unlawful threat- isn’t avilable if you recklessly place yourself in situation or negligently place yourself in sitation, reasonable firmness

Insanity for mpc: suffering form mental disease such that he lacks sub capacity to appreciate criminality (wrongfulness) of his conduct OR To conform conduct to requiriment of law

EMED- MPC: extreme mental/emotional dif, reasonabl explanation or excuse- subjective view/objective view- provides lessor degree of liability-

Mistake of fact not available in negligent or reckless use of force:

Attempt tests:

1. last act: criminal believes he has performed she believe were neccessaru to commit target offense

2. physical proximity test: actor has it withihni her power to commit the crime almost immediately- does require that the victim be on the scene

3. dangerous proximity test: 3 parter- oliver windel homes-a. how closr tey are physically to commiting itb. how close they are temporally to committing itc. danger of the crime

4. indispensable element: there is no attempt is the actor has not obtained some indispensable feature of the criminal plan

5. probable desistance test: the actor has committed an attempt if they reached a point where it is unlikely that they would have “voluntarily desisted from his effort to commit his crime”

6. unequivocality (res ipsa): person conduct standing alone unambigulously manifests criminal intent- objective standard

ATTEMPT: MPC: look up in slide- PG 992- IN BOOK LOOK UP SLIDE TOO!**MPC doesn’t use probable desistance but :renunciation of criminal purpose

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