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Flashcards in Crim Vocab and CL v MPC Deck (81)
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what is the rule for unintentional manslaughter under MPC?

reckless (consciously disregard a substantial and unjustifiable risk)


what is the minority view of malice aforethought?

malice = "intentional and willful"


acting when one's reason is cloudy by extreme emotion or passion, without due deliberation or reflection "heat of passion"



under common law what is the traditional rule of provocation (Girouard)

focuses on culpability of the actor. provocation that would cause an emotion so intense that an ordinary person would simply react w/o reflection


what is the duty to act under the MPC?

no duty to act/protect UNLESS imposed by law or sufficient under statute


under common law what do you need for 1st degree murder?

willful (purpose), deliberate (careful thought and consideration) and premeditated (had time to think and plan)


how does the MPC view mistake of fact?

negates the mens rea needed to establish the crime and rejects SL altogether


under common law what are the 2 steps to finding provocation?

1) limited list of legitimate provocations
2) objective reasonable person standard


under MPC where does strict liability apply?

only for violations /statutory rape for very young children (under 10)


Defendant can be guilty of omitting to act if they had a legal duty to act



what does an unintentional killing not have under CL?

malice aforethought


Under the MPC what is said for omissions?

2.01 no duty to act/protect unless imposed by law or insufficient under the statute


how does the court define knowledge under the CL?

sometimes as only requiring awareness of the facts, not necessarily knowledge as to the meaning of law


what are the characteristics of unintentional murders?

1) malignant and depraved heart
2) gross recklessness (awareness of substantial and unjustified risk of harm)
3) substantiality/degree of harm (risk of live, # of lives at risk and justification)


when is felony-murder unclear in CL? (3)

1) lethal act arguably occurs after commission of the felony
2) lethal act arguably is unrelated to the felony
3) lethal act is committed by someone resisting the felony


what is the common law guidelines for Actus reus? (4)

1) all acts have to be voluntary
2) can't deter involuntary movement
3) have to choose to do prohibited act
4) voluntary act is necessary, but not sufficient for criminal liability


what is the merger doctrine?

some felonies merge with the killing and cannot be predicate offenses


voluntary act element of a crime. Crime requires either a voluntary physical act or an omission when there is a legal duty to act

Actus Reus


no considerable provocation

implied malice


culpable mental state/guilty mind

mens rea


what does unintentional manslaughter under CL involve?

killing in the commission of an unlawful act not amounting to a felony


why are people punished for willful blindness?

b/c people would take advantage of the law by ignoring willful blindness


what does 2nd degree murder require?

everything else


what is the modern conception under the CL of mens rea?

limited list of mens rea states, each element of an offense requires one of the limited list


under common law when does a person have a duty to act? (5)

1) statute
2) status (contractual obligation)
3) contract (status relationship) (parent/child)
4) voluntary assumption (D control and secludes victim so that others can't aid
5) creation of peril (D creates a situation of peril) (push someone into water when they can't swim)


under common law what is strict liability generally invoked as?

in the context of public welfare offenses


under common law what is the modern rule of provocation (Maher)?

if an intentional killing is conducted in a heat of passion, the criminal charge can be mitigated from murder to voluntary manslaughter if the provocation is adequate


under common law what are the exceptions of mistake of law? (5)

1) reliance on an official statement of law that is later found to be erroneous
2) make a mistake regarding a legal element of the crime that negates mens rea necessary for crime
3) make a mistake about the very law violated which negates MR
4) wholly passive and innocent conduct, lack of intent
5) no knowledge of law existing


what does murder require?

malice aforethought (purposely, knowingly)


what is the rule for negligent homicide under MPC?

person should have been aware of the risk