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Flashcards in Crim vocab, common law and MPC Deck (110)
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what categories do most jurisdiction divide homicide into?

1) murder (also divided into degrees)
2) manslaughter (viewed as less serious) (voluntary and involuntary)


under the MPC what is the critical distinction between knowingly and purposely?

the purposeful actor DESIRES a specific result whereas the knowing actor foresees the result as highly likely but doesn't really care whether it happens or not


under the common law what happens if a person makes a reasonable mistake?

she is exculpated


Under the common law what are legal duties based on?

1) relationship (parents must provide shelter for child)
2) statute
3) contract to provide care (nursing homes)
4) voluntary assumption of care that isolates the individual (taking a sick person in one's home)
5) creation of peril (someone who pushes another who cannot swim into a deep lake)
6) duty to control the conduct of another (business executive may have duty to prevent company chauffeur from speeding)
7) duty of a landowner (theater has duty to prove reasonable emergency exits)


under the MPC what is knowingly?

essentially equivalent to "oblique intention" under common law


Types of punishment

1) utilitarianism
2) retribution


under the common law what 2 main premises did the court rely on for strict liability?

1) legislatures were unrestrained in their ability to proscribe conduct and did not have to require mens rea
2) there was a compelling need to protect society, particularly minors, against such evils and it was too hard to prove mens Rea


under common law, what are the 4 defenses for mistake of law?

1) relying on an official statement (Raley)
2) when you make a mistake regarding the legalese (Marerro)
3) mistake negates required mens Rea and the very law you're violating (Smith)
4) mistake about the existence of law (Woods)


under the MPC 2 types of cases permits an omission or failure to act to satisfy the failure of a crime?

1) when the statute defining the offense expressly states that failure to act is a crime (failure to file an income tax return)
2) when the defendant has a duty to act imposed by civil law (failure to prove necessary food, shelter, clothing to child)

2.01(3)(a) &(b)


for unintended killings what does torts law determine the line between?

no liability and civil liability


Common law unintentional murder (malice aforethought)

GROSS recklessness (deprived and malignant hear) risk of death or bodily hard


what are the commonalities between MPC and Common law for provocation?

both require an objective element (reasonableness) - not every defendant who flies off the handle and kills someone is a candidate for the provocation defense.


common law intentional manslaughter (voluntary)

intent w/ provocation


under common law, when does malice aforethought exclude intentional killings?

where reason is clouded or obscured by passion that is produced by adequate provocation


under the common law when is a person acquitted for a crime?

when a person mistakes facts and commits what turn out to be crimes


under the MPC what are the elements of recklessness?

conduct: consciously disregards a substantial and unjustifiable risk that he is engaging in the proscribed conduct

A.C.: consciously disregards a substantial and unjustifiable risk that the proscribed circumstances exist

Result: consciously disregards that a substantial and unjustifiable risk will occur


basic common law rule for felony-murder

you can have murder liability for killing someone in the course of. felony. limited to negligence


how do courts split on the meaning of premeditation?

some define it as purpose and others as careful deliberation


MPC unintentional murder (malice aforethought)

GROSS recklessness


why is the misdemeanor-manslaughter rule even less popular than felony-murder (adopted in fewer jurisdictions)?

because this rule requires not even criminal negligence (but yet you're guilty of homicide)


what does involuntary manslaughter require?

gross negligence (in most states)


under the MPC what is rejected in regards to the idea of mistake of fact?

that it is a separate doctrine that treat it as being among the basic notions of mens Rea


MPC unintentional manslaughter (involuntary)



under the MPC what is needed for someone to be guilty of committing a crime (actus reus)

have committed a voluntary act 2.01(1)


offenders can be "changed" into non offenders by taking away the offender's desire or impulse to engage in criminal conduct if given proper "treatment"



types of rehabilitation

1) medical treatments
2) rehabilitation programs
3) psychological counseling
4) education and training programs


what is the misdemeanor-manslaughter rule?

it is involuntary manslaughter IF you kill in the commission of an unlawful act that is not a felony


under the common law and MPC is mistake of law a defense?

no, only exceptions


one may avoid criminal responsibility by claiming he was unaware that a legal duty to act arose from those facts



limitations on felony-murder rule

1) felony has to be inherently dangerous (Phillips, Stewart, Hines)
2) merger doctrine
3) killings not in furtherance of a felony