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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
Mistake
2.04
Negates mens rea (not reasonable)
Official reliance
Second offense provision (can only be guilty of lesser)
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)
MPC
210.2 - Murder
Purpose
Knowledge
Extreme recklessness (indifference)
Felony Murder Presumption
210.2(1)(b)
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
cant 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
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)
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
MPC
5.03
Intent to agree
Conduct: P
Result: P
Circumstance: commentary says left to cts discretion
Prof: but could argue for purpose
Agreement (commit, attempt, solicit, aid)
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
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
MNaghten: 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 MNaghten)
MPC
4.01(1)atthetimeofcriminalconductasaresultof
mentaldiseaseordefect,lackssubstantialcapacity
eithertoappreciatethecriminality/wrongfulnessofhis
conductortoconformhisconducttotherequirementsof
thelaw
cognitiveandvolitional