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Criminal Law - Coggle Diagram
Criminal Law
Defenses
insanity
common law = "M'Naughten rule" = mental illness precluded knowing right from wrong or understanding the nature or quality of the act
Model Penal Code = mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
intoxication
voluntary intoxication = self-induced, intentional, no duress, substance known to be intoxicating. person need not have intended to become intoxicated. acts as a defense for crimes requiring intent or knowledge IF the intoxication prevented formulation of the intent
involuntary intoxication = defense to all elements of the crime, individual taking intoxicating substance without knowledge of its nature, under direct duress, or pursuant to medical advice while unaware of the substance's intoxicating effect
mistake of fact must negate state of mind. general intent crimes = mistake must be reasonable. specific intent = reasonableness not required for defense. strict liability = no intent needed, so not a defense.
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self defense
non-deadly force okay if actor reasonably believed the force used was necessary to defense against imminent unlawful force
deadly force okay only if actor reasonably believed force used was necessary to defend against imminent unlawful deadly force or serious bodily injury
other defenses include infancy, defense of others, defense of property, duress, necessity, entrapment
Inchoate crimes
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Solicitation = asking or encouraging someone to commit a crime with intent to commit that crime (cannot use impossibility to commit crime as a defense)
Conspiracy = agreement to commit the unlawful act and the specific intent to achieve the object of the agreement
majority (NOT common law) = an overt act in furtherance of the conspiracy is required-- can be a minor act
conspirators are liable for the conspiracy, completed target crime, and any foreseeable crimes by co-conspirators in furtherance of the conspiracy
common law conspirator can withdraw by notifying co-conspirators in time for them to abandon their plans. still liable for conspiracy and for the crime, but no longer for further crimes afterward
Model Penal Code = voluntarily withdrawing from the conspiracy and thwarting the success of the conspiracy is a defense against conspiracy. Impossibility is not.
Attempt
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factual impossibility is not a defense, legal impossibility is a defense
Accomplice liability
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can be liable if they assisted by aiding, encouraging, or advising, and they intended to assist in the commission of the crime
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Crimes involving persons
HOMICIDE
MURDER
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first degree
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first degree felony murder enumerated by statute but usually includes rape, burglary, robbery, arson, and kidnapping
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on exam, analyze all kinds of malice! 1. intent to kill, 2. intent to inflict serious bodily injury, 3. gross recklessness (depraved heart), 4. felony murder (killing during the course of a felony--no intent required)
MANSLAUGHTER
voluntary = heat of passion (sudden and intense reaction with adequate provocation and no cooling off period) words alone are insufficient.
involuntary = unlawful killing with negligence or recklessness or killing during get course of a misdemeanor or a felony not included in felony murder
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