Flashcards in MPC final exam Deck (51)
what is willful ignorance?
1) aware of high prob fact
2) don't believe the contrary (exception)
what is accomplice MR?
attempt to actually assist. P to facilitate and P that the crime should happen. K sufficient for major felonies.
what is the MR for vicarious liability?
P or K
what is the AR for conspiracy?
agreement to act (overt act only required for minor offenses, not for major felony crimes) K is sufficient
what is a defense for solicitation?
renunciation (persuading person not to commit crime or prevent commission of the crime, complete and voluntary renunciation of criminal purpose)
what is the MR for intentional murder?
P/K (w/ malice aforethought)
what is the MR for attempt?
Purpose regarding actions
if someone commits impossibility in MPC are they guilty?
only pure legal impossibility is not guilty, factual and hybrid are both guilty.
what is the MR of conspiracy?
P (unilateral: allows def soliciting police informants to be found guilty)
what is actus reus?
need only include a voluntary
does MPC allow duress as a valid claim?
yes including homicide (there is no restriction to "imminent harm")
is there a duty to act?
no unless imposed by law or sufficient under the statute
what is the actus reus of the accomplice?
attempt to aid is enough (purpose to aid; purpose that principal commits crime)
if a D intends to kill one person but kills a different person by accident are they still blameworthy?
yes they are still criminally liable
what can you be charged with when you commit a conspiracy?
cannot be charged with both except when the object of the crime is narrower than the conspiracy
what is the AC of accomplice liability?
open to courts/ambiguous, could be MR or SL depending on circumstances
when is deadly force permitted?
in threats to life, bodily harm, kidnapping or rape
what is an exception for impossibility?
"inherently impossible attempt" "so inherently unlikely", court discretion for lower or no charge
is an unreasonable belief a defense to a R or N crime (no murder thought)
when is someone guilty of solicitation to commit a crime?
if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such a crime/attempt/complicity
what is the lesser crime principle?
charges reduced to the lesser crime under MPC, not in CL
does MPC have felony murder?
doesn't state it but it presumes R for robbery, rape, arson, burglary, kidnap or felonious escape (+1st degree)
what is mens rea requirements? (4)
1) purpose (aim or desire to engage)
2) knowledge (aware of)
3) recklessness (aware of substantially unjustifiable risk)
4) negligence (should have been aware)
whites the result of a conspiracy?
what are the laws for assisting suicide?
1) criminal homicide for causing another to take his life but only if he P causes such spice by force, duress or deception.
2) felony punishable at the same level as manslaughter
3) issue of autonomy, where action freely chosen by another person
what is gross R?
extreme indifference to the value of human life
what is the innocent agent doctrine
(same as CL) person is legally accountable for conduct of another if he causes an innocent or irresponsible person to engage in conduct.
what is the MR for unintentional MS?
R (consciously disregard substantial and unjustifiable risk)
what is the defense for attempt?
abandonment if "complete and voluntary" before crime is committed