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Criminal Law (Defenses (Insanity (M'Naughten rule: mental illness…

- - - - Defense to all elements of a crime; results when the individual is taking the intoxicating substance without knowledge of its nature
    - - Self-induced and results from intentional taking without duress a substance known to be intoxicating
- - - - Robbery: larceny by force or threat of force
  - - - Common law: breaking and entering a dwelling of another at night with the intent to commit a felony within the dwelling
      - Modern approach: expands dwelling to include any structure and is not limited to "at night."
- - - - A conspirator can withdraw from the conspiracy by notifying co-conspirators in time for them to abandon their plans
      - Still liable for conspiracy and crime itself, but not further crimes
    - - Voluntarily withdrawing and thwarting the success of the conspiracy is a defense against conspiracy itself
    - - An overt act in furtherance of the conspiracy is required
  - - - Requires an act with a dangerous propensity towards completion of the crime
    - - Requires a substantial step beyond mere preparation towards completion of the crime
- - - - Strict liability (no mens rea required)
      - General intent - criminal negligence
      - Malice - gross negligence
      - Specific intent - purpose
    - - Negligently (gross deviation from norm in failing to perceive substantial and unjustifiable risk)
      - Recklessly - gross deviation from norm in consciously disregarding substantial and unjustifiable risk
      - Knowingly - awareness
      - Purposely - conscious object
- - - - Unlawful killing
      - Malice afterthought
        
        Intent to kill
        
        Intent to inflict serious bodily injury
        
        Gross recklessness (depraved heart)
        
        Felony murder (killing during course of felony. Intent not required)
        
        Common law: would stand if the killing was done by anyone
        
        Modern: killing must be done by the defendant or co-defendant
  - - - Intentional killing in the heat of passion
        
        Heat of passion requires a sudden and intense reaction with adequate provocation and no cooling off period
    - - Either an unlawful killing with negligence or recklessness or a killing during the course of a misdemeanor or felony not included in felony murder
- - - - Whether the confession was involuntary. because the accused's will was overborne by state coercion
    - - Provides right to counsel after the initiation of adversarial proceedings
    - - Right to remain silent; any statements can be used against you; right to counsel before and during questions; if you cannot afford a lawyer, one will be appointed for you