of 3

Criminal Law Outline Checklist

Published on July 2016 | Categories: Documents | Downloads: 14 | Comments: 0
48 views

Crime Law outline

Comments

Content

 Actus Reus
 Conduct/Circumstances/Results
 Voluntary Act
 Omission: voluntary omission + legal duty
 Mens Rea

Mens Rea

CL
Generalized Mens Rea - malicious, willful,

MPC
§2.02 - P, K, R, N

corrupt

CL Mens Rea – usually recklessness or gross
negligence required

Mistake

Of Fact: negates mens rea
General intent (reasonable)
Specific intent
Strict liability

§2.04
Negates mens rea (not reasonable)
Official reliance
Second offense provision (can only be guilty of lesser)

Moral wrong theory
Crime wrong (lesser crime)
Of Law: Collateral Mistake
Official Reliance


Willful Blindness

 Homicide

Murder

Causation:
but-for cause
proximate cause
eggshell skull

CL
AR = causing death/killing  cause analysis
MR = malice aforethought:
• Intent to kill (P or K)
• Intent to cause GBH
• DHM: extreme recklessness
- magnitude, unjustifiability, awareness
• FM: analyze felony +
- Inherently dangerous
- abstract, as-committed
- In furtherance
- agency, proximate cause
-min: except death of co-felon
1st Degree
Murder + aggravating factor
Two tests: (1) premeditation = intent
(2) premeditation = intent + reflect
Anderson factors
Can include:
• FM (if felony is enumerated)
• intent to kill (P or K)
• intent to cause GBH
2nd Degree
W/out premeditation/deliberation
Can include:
• DMH
• Intent to kill (P or K)
• Intent to cause GBH
• FM (if felony not enumerated)

1

MPC
§210.2 - Murder
Purpose
Knowledge
Extreme recklessness (indifference)
Felony Murder Presumption
§210.2(1)(b)

 grading found in sentencing provisions

Manslaughter

Voluntary Manslaughter
Intent + legally adequate provocation
Heat of passion
Adequate provocation
- categories (maj.)
- reasonable, case-by-case (min.)
Cool off
Causal link

§210.3 - Manslaughter
Extreme emotional disturbance with
reasonable excuse / explanation

Involuntary Manslaughter
Recklessness
Criminal negligence
Misdemeanor-Manslaughter
§210.5 - Negligent Homicide:
criminal negligence
Recklessness
 Attempt:

Mens Rea

can’t attempt unintentional killing – specific intent requirement makes it attempted murder
CL
Specific Intent
Majority: P
Minority: parity

Actus Reus

Proximity, Equivocality
Result/circumstance not required

Impossibility

Result: factual (no defense)
Circumstance: legal (defense)

MPC
§5.01 mens rea of underlying offense +
Conduct: P
Result:
(i) complete: P or belief
(ii) incomplete: unclear (could be P)
Circumstance: parity
Complete: taken all steps he thought were necessary
Incomplete: Substantial step + strongly corroborative
Result/circumstance not required
No defense for legal or factual
But defense:
• inherently unlikely attempts 5.05(2)
• “true” legal impossibility 5.05(1)

 Abandonment? MPC §5.01(5)
 Complicity:

Mens Rea

Actus Reus

CL
Conduct: P
Result: parity (maj), P (min)
Circumstance: awareness for SL
Parity / P
 natural and probable consequences
Aid or encourage

MPC
§2.06 purpose of promoting/facilitate the commission
Conduct: P
Result: Parity
Circumstance: left to interpretation
Aid, agree, or attempt to aid, solicit, encourage, order,
counsel

 Conspiracy:

Mens Rea

Actus Reus

CL
Intent to agree
Intent to commit the offense that is the
objective / achieve unlawful objective

Agreement [ + overt act ]

2

MPC
§5.03
Intent to agree
Conduct: P
Result: P
Circumstance: commentary says left to ct’s discretion
Prof: but could argue for purpose
Agreement (commit, attempt, solicit, aid)

Act in pursuance by co-conspirator (≠ 1st/2nd deg.)

Act in pursuance by co-conspirator
 Self-Defense:
CL
Reasonable belief force is necessary to defend against
immediate / imminent use of force &
∆’s force is not excessive / unreasonable
Minority: honest but unreasonable belief mitigates to
voluntary manslaughter
Deadly force: believes the other is about to use deadly force
/ commit seriously violent crime

MPC
§3.04(1) Believes such force is immediately necessary
for purpose of protecting himself against the use of
unlawful force by such other person
§3.09(2) If believe is negligently / recklessly formed, no
defense for crime requiring N / R
§3.04(2)(b) Believes deadly force is necessary to protect
himself against death, serious bodily injury, kidnapping
or sexual intercourse compelled by force or threat.
Not justified if ∆ provoked use of force or knows he
could avoid by retreating

 Necessity / Choice of Evils:
CL
• Situation threatens imminent harm unless law is
broken OR ∆ believes so
• ∆ is not at fault for bringing about situation
• Harm avoided by breaking law exceeds harm it
causes

MPC
§3.02(1) ∆ believes conduct necessary to avoid harm / evil
• Harm avoided is greater than harm law prevents
• No specific treatment of the situation in statute
• No legislative purpose to exclude justification of necessity
§3.02(2): if ∆ was reckless / negligent in bringing about the
situation, not available for crime requiring R / N

 Insanity:
CL
M’Naghten: ∆ suffering from mental disease or defect
such that ∆ did not know what he was doing or that it
was wrong
 cognitive
Irresistible Impulse: mental disease or defect destroys or
overrides ∆’s self-control
 volitional (supplement to M’Naghten)

3

MPC
§4.01(1) at the time of criminal conduct as a result of 
mental disease or defect, ∆ lacks substantial capacity 
either to appreciate the criminality / wrongfulness of his 
conduct or to conform his conduct to the requirements of 
the law
 cognitive and volitional

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close