Criminal Law, MPC
Terms
undefined, object
copy deck
- MPC 1.13(2): What is "act" or "action"
- Bodily movement whether voluntary or involuntary
- MPC 1.13(9): What is "element of an offense"?
- (i) conduct or (ii) attendant circumstances or (iii) a result of conduct [there is more to it in the book]
- MPC 1.13(10): What is "material element of an offense"?
- Basically the elements that the actor is culpable for (like, not jursidiction, etc...)
- MPC 1.13(11): Synonyms for "purposely"
- "with purpose", "design"
- MPC 1.13(12): What is "intentionally"
- The same as purposely
- MPC 1.13(16): What is "reasonably believes"
- A belief which the actor is not reckless or negligent in holding
- MPC 2.01: What are key elements actus under MPC?
- Voluntary, omissions, knowing possession
- MPC 2.01: What are the four involuntary acts under MPC?
- 1) Reflex/convulsion, 2) unconscious/sleep, 3) hypnosis, 4) any other that isn't your determined effort
- MPC 2.02: What are the four levels of mens rea under MPC?
- Puposely, knowingly, recklessly, negligently
- MPC 2.02: What is the key phrase for knowingly?
- Practically certain that his conduct will cause a result
- MPC 2.02: What is reckless?
- Consciously disregarding a substantial and unjustifiable risk... a gross deviation from standard of conduct
- MPC 2.02: What is negligent?
- Should be aware of a substantial and unjustifiable risk... involves a gross deviation from standard of care of reasonable person
- MPC 2.02(3): What is the lowest level of mens rea when not specified?
- Reckless
- MPC 2.02(6): Does conditional intent fall under MPC?
- Yes
- MPC 2.02(8): What is the equivalent of "willfull"?
- Knowingly
- MPC 2.02(7): What is "high probability"?
- If knowledge of a fact is an element, it will be established if aware of high probability, unless you believed it didn't exist
- MPC 2.04(1): When is mistake of fact or law a defense?
- If ignorance/mistake negatives mens rea element
- MPC 2.04(2): When is mistake of fact or law not a defense?
- If situation as D supposed leads to D guilty of a different crime, then reduced grade of charged crime
- MPC 2.04(3): When does ignorance of law provide a defense?
- 1) not reasonably availabe prior to offense or 2) official reliance
- MPC 2.04(3)(b): What qualifies as official reliance defense?
- Rely on official statement determined inaccurate in (i) statute, (ii) judicial decision, (iii) admin. order, (iv) official interp.
- MPC 2.06(2): Comlicity, when are you accountable for another?
- 1) You cause innocent person to commit crime (w/ your mens rea), 2) statute makes you liable, or 3) accomplice
- MPC 2.06(3): What is the key term for accomplice liability?
- You act with "pupose of promoting or facilitating the comission of the offense"
- MPC 2.06(3)(a): What are three acts to being an accomplice?
- 1) solicit someone to commit, 2) aid, agree, or attempt to aid in planning or committing, 3) if you legal duty you do not make proper effort
- MPC 2.06(6): Can a victim of the offense be complicit?
- NO
- MPC 2.06(6): How do you terminate complicity?
- Prior to commission: 1) remove the effectiveness of my actions, 2) give timely notice to authorities or try to stop crime yourself
- MPC 2.08(1): Is intoxication a defense?
- Only if it negatives an element of the offense
- MPC 2.08(2): If reckleness establishes an element how is intoxication treated?
- Then self induced intoxication is not a defense
- MPC 2.09(1): What is duress defense?
- Affirmative defense: coerced to commit by force or threat which "person of reasonable firmess" could not resist
- MPC 2.09(2): When is duress not available as a defense?
- If you recklessly put yourself in a situation where duress is probable. If crime has negligence standard, then negligently putting yourself in same position would qualify as well
- MPC 2.13(1): What qualifies as entrapment (briefly)?
- 1) making statements that make D think it is not illegal or 2) persuasion that would tempt people who aren't ready to commit
- MPC 3.02: When is the choice of evils defense available?
- The harm or evil sought to be avoided is greater than that sought to be prevented by the law
- MPC 3.02(2): When is coice of evils defense not available?
- If you recklessly or negligently put youself in a situation when you have to make the choice
- MPC 3.04: When is use of force justifiable for self protection?
- If D believes such force is immediately necessary for pretection
- MPC 3.04(2): When is use of force (non deadly) not allowed?
- Resisting arrest or resisting force when someone is trying to protect their property from you
- MPC 3.04(2): When is deadly force justifiable?
- Protecting yourself from death, serious bodily harm, kidnapping, or sexual intercourse
- MPC 3.04(2): When is deadly force not justifiable?
- When you provoked the use of force, when you can retreat (except from your home or work)
- MPC 3.06(1): When can I use force to protect property?
- 1) to prevent trespass or removal of property or 2) retake property (only in pursuit and other person has no claim)
- MPC 3.06(3): When can I not use force to protect property?
- 1) I must ask them to stop (w/ some conditions) and 2) allow trepassers through if it would be dangerous to them to not be allowed
- MPC 3.06(3): What about deadly force to protect property?
- Not justified unless: a) someone tries to take your home or b) they are using deadly force
- MPC 3.07(1): When is force not allowed by police?
- a) actor must make reason for arrest known and b) valid warrant
- MPC 3.07(2)(b): What are limitations on use of deadly force by police?
- a) arrest must be for a felony, b) the crime is deadly force or substantial risk if apprehension delayed
- MPC 3.09: Is ignorance a defense if you use force incorrectly?
- NO
- MPC 3.11: What does "dwelling" mean?
- Any building or structor though movable or temporary, or a portion thereof, which is for the time being that actor's home or place of lodging
- MPC 5.01(1): What is the definition of "attempt"
- I have culpability for crime and a) engage in conduct that would have effect crime, b) if I try to cause a result element or c) I take a "substatial step"
- MPC 5.01(2): What is a "substantial step" in attempt?
- Conduct that is "strongly corroborative" such as lying in wait, enticing, reconnoitering, unlawful entry, possession, etc...
- MPC 5.01(3): How do I establish myself as complicit in an attempt crime?
- If I have conduct to assist as in 2.06 even if the crime isn't committed or attempted by the other person
- MPC 5.01(4): How do I renounce a criminal attempt?
- A complete and voluntary renunciation of criminal purpose
- MPC 5.01(4): When is renunciation not available in attempt?
- Not vountary if motivated by probably detection or apprehension. Not complete is just postponed.
- MPC 210.0: What is "bodily injury"?
- Physical pain, illness, or any impairment of physical condition
- MPC 210.0: What is "serious bodily injury"?
- A substantial risk of death or serious, permanent disfigurement, or protracted loss or impairement of the function of any member or organ
- MPC 210.1: What is criminal homicide?
- Purposely, knowingly, recklessly, or negligently causing death: murder, manslaughter, or negligent homicide
- MPC 210.2: What is murder
- Except 210.3(1)(b), 1) purposely or knowingly committing homicide or 2) extreme indifference to value of human life acting recklessly (presume in felony murder)
- MPC 210.3: What is manslaughter?
- Reckless homicide or murder under 210.2 when under influence of "extreme emotional disturbance" with a subjectively reasonable explanation
- MPC 210.4: What is negligent homicide?
- Criminal homicide committed negligently
- MPC 2.11(1): What is the general statement on consent? (2 elements)
- (1) It is a defense if it negatives an element or (2) precludes the evil/harm the statute sought to prevent
- MPC 2.11(2): What are the two conditions under which I can give consent to bodily harm (2)?
- (1) harm is not serious, (2) athletic contest. There is a third statement referring to Article 3 of MPC
- MPC 2.11(3): What are some situations where consent can't be given by the victim?
- (1) legally incompetent, (2) if you know they are unable to make choice (youth, infirmity, etc), (3) duress, force, deception
- MPC 3.05(1): When am I allowed to use force to protect others (3)?
- (1) If I am justified under 3.04 (self protection) or (2) the protected person would be justified and (3) believes intervention is necessary
- MPC 3.06(5): When can I use a device to protect my property?
- (1) it won't risk serious bodily harm, (2) it is subjectively reasonable to use it, (3) it is a simple device and you try to warn intruders
- MPC <multiple>: When can I use confinement as force?
- I can use it for property or for protection but only if I release the person as quickly as I can safely do it