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Criminal Law - Coggle Diagram
Criminal Law
Defenses to Crimes
Self-Defense
An individual may use nondeadly force in self-defense if she reasonably believed the force used was necessary to defend against imminent unlawful force.
Deadly force is allowed only when the accused reasonably believes the force used is necessary to defend against imminent unlawful deadly force or serous bodily injury.
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Mistake
Mistake of fact must negate the state of mind. For general intent crimes, the mistake must be reasonable. For specific intent crimes, reasonableness is not required as any mistake of fact is a defense.
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Intoxication
Voluntary Intoxication: self-induced and results from intentionally taking without duress a substance known to be intoxicating. Voluntary intoxication may be a defense to crimes requiring intent or knowledge if the intoxication prevented the accused from formulating the requisite intent. VI may be a good defense to specific intent crimes, but not for general defense crimes, including murder.
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Insanity
Model Penal Code: mental illness resulted in lack of substantial capacity to appreciate wrongfullness of conduct or to conform conduct to law.
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Inchoate Crimes
Conspiracy: requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement.
CL: conspirator can withdraw from conspiracy by notifying o-conspirators in time for them to abandon plans. They are still liable for conspiracy and crime itself, but are no longer liable for further crimes.
Mode Penal Code: voluntarily withdrawing and thwarting success of the conspiracy is a defense against the conspiracy itself. Impossibility not a defense.
Majority (not CL): over act in furtherance of conspiracy is required. Can be a minor act. Conspirators are liable for the conspiracy, for the completed target crime, and for any foreseeable crimes by co-conspirators in furtherance of the conspiracy.
Attempt: Requires specific intent to commit a crime. Merges into completed target offense. Factual impossibility not a defense to attempt but legal impossibility is a defense.
Solicitation: asking or encouraging someone to commit a crime with the intent to commit that crime. Merges into completed offense. Crime was impossible to commit is not a defense.
Elements of a Crime
Mens Rea
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Common Law: Mens Rea
Strict liability: no means req required (statutory rape, public health, safety regulations)
General Intent criminal negligence (rape, battery, kidnapping)
Malice: gross negligence (murder, arson)
Specific Intent: Purpose (first degree murder, assault, inchoate crimes, property-related crimes).
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Actus Reus
A physical or external component and either a voluntary act or the omission to act that violates a legal duty.
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Crimes Involving Persons
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Manslaughter
Voluntary Manslaughter: intentional killing in the heat of passion. Heat of passion requires a sudden and intense reaction with adequate provocation and no cooling off period. Words alone are insufficient
Involuntary Manslaughter: either an unlawful killing with negligence or recklessness or a killing during the course of a misdemeanor or a felony not included in felony murder.