Criminal Law AGAIN
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Created by:
mschristie587 on May 2, 2012
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17 terms
Terms | Definitions |
|---|---|
 Implied Malice | Intent to do serious bodily injury, Extreme recklessness that reveals an indifference to human life, Felony Murder |
| Malice Aforethought | Intent to kill, intent to do serious bodily harm, extreme recklessness, felony murder |
| MPC - Murder | Homicide is murder when committed purposefully or knowingly or it is committed under circumstances manifesting extreme indifference towards human life. |
| MPC - Use of Deadly Force | Must also show Defendant believes force is necessary to protect himself against death, serious bodily injury, kidnapping, or rape. |
| MPC - Deadly Force Exceptions | Cannot use if the actor, with the purpose of causing death or serious bodily injury provoked the use of force against himself in the same encounter, Cannot use if he can avoid the necessity for using such force with complete safety by retreating UNLESS he is in his own dwelling or he is in a workplace and is attacked by someone other than a co-worker. |
| Common Law - Self-Defense | Defendant reasonably believes (objective standard) he is in immediate danger of unlawful bodily harm and the use of such force is necessary to protect himself against the danger. |
| MPC - Duress | Coercion by use of or threat to use unlawful force against defendant or another. Person of reasonable firmness in his situation would have been unable to resist. |
| MPC - Duress and Negligence | If Defendant negligent, then available except "whenever negligence suffices to establish culpability for the offense charged." |
| Common Law - Duress | An immediate threat of death or serious bodily injury, a well-grounded fear that the threat will be carried out, and no reasonable opportunity to escape the threatened harm |
| Requirements of Aggravated Murder | Generic Murder + (depending on the jurisdiction) Premeditation & Deliberation, or Lying in Wait, or During Commission of Certain Felonies, or by a particular method of killing |
| Proving Extreme Recklessness | Must prove recklessness, Must show a Great Magnitude of Risk, Magnitude of Deviation - it must be more than just a gross deviation, Awareness of Illegality |
| Elements of Recklessness | Substantial Risk, Unjustifiable Risk, Awareness of Risk, Gross Deviation, Under the circumstances |
| Common Law Necessity Elements | (1) Clear & imminent danger, (2) Reasonable causal relationship between the behavior and preventing the harm, (3) No legal alternatives, (4) must choose a lesser harm (objective reasonable person standard), (5) Clean hands (you can't do anything evil to bring about the problem/situation yourself.) |
| M'Naughten Rule | (1) Defect of Reasoning (generally easy to prove); and (2) From disease of the mind (also easy to prove; and (3)(a) Def. did not know nature and quality of act (they didn't know what they were doing); or (3)(b) Def. did not know what he was doing was wrong. |
| MPC/ALI Rule | (1) Defect of Reasoning; and (2) From mental disease or defect; and (3)(a) Def. lacks capacity to appreciate wrongfulness of conduct; or (3)(b) Def. lacks capacity to conform conduct to the law (the Def. can't help themselves from doing the conduct). |
| Attempt | Must purposely engage in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or (b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or (c) purposely does or omits to do anything that, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime. |
| Substantial Steps for Attempt | (a) lying in wait, searching for or following the contemplated victim of the crime; (b) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission; (c) reconnoitering the place contemplated for the commission of the crime; (d) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed; (e) possession of materials to be employed in the commission of the crime, that are specially designed for such unlawful use or that can serve no lawful purpose of the actor under the circumstances; (f) possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, if such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances; (g) soliciting an innocent agent to engage in conduct constituting an element of the crime. |
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