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Criminal Law - Coggle Diagram

- - - - Mental illness: Not knowing right from wrong or understanding the nature and quality of an act
    - - Lack of capacity to appreciate wrongfulnes of conduct
  - - - Did not have knowledge of its nature
      - under direct duress
      - medical advice, while unaware of the intoxicating effects.
    - - May negate specific intent mens rea, but need not be for reckless/negligent
- - - - Specific Intent Crime
    - - Breaking into a structure with the intent to commit a felony
- - - - Merges into the complete offense.
  - - - MODEL PENAL CODE: Conspiracy - must be an overt act in furtherance of the conspiracy
        
        liable for the consipiracy, the crimes itself, and any foreseeable crimes
      - COMMON LAW - conspiracy - no overt act required, but can withdraw
        
        If they withdraw, no longer liable for foreseeable crimes. Still liable for the CONSPIRACY and the crime itself
- - - - COMMON LAW MENS REA
        
        Strict Liability (no mens rea required) - Statutory Rape, Public Health, Safety Regulations, Speeding Tickets
        
        General Intent - Criminal Negligence (Rape, Battery, Kidnapping)
        
        Malice - Gross Negligence (murder, arson)
        
        Specific Intent - Purpose (First degree murder, assault, inchoate crimes (attempt), property-related crimes)
      - MODEL PENAL CODE MENS REA
        
        Negligently - gross deviation from norm in failing to perceive a substantial and unjustifiable risk.)
        
        Recklessly - gross deviation from norm in consciously disregarding substantial and unjustifiable risk.
        
        Knowingly - awareness
        
        Purposely - conscious object (intent)
      - Transferred Intent - if you commit a crime but the crime happens to occur to a third person instead, the intent to commit the crime will shift over.
- - - - Liable for every crime committed - both planned and foreseeable
    - - Not liable for the crime committed, liable for separate crime of accessory
- - - - Intent to Kill
      - Intent to cause serious bodily injury
      - Gross Recklessness (depraved heart)
      - Felony Murder - killing during the commission of felony, intent not required.
        
        ALLLLLLL criminals are responsible for the murder if someone dies
      - Manslaughter
        
        Voluntary Manslaughter
        
        Intentional Killing in the HEAT OF PASSION
        
        RP would react similarly, adaquate provocation, and no cooling off period.
        
        Words alone are insufficient.
        
        Involuntary Manslaughter
        
        Unlawful killing with negligence or recklessness
        
        Killing during the course of a misdemeanor
        
        Or a felony that is NOT included in felony murder rule.
    - - 1st degree murder
        
        Premeditated murder
      - 1st degree FELONY MURDER
        
        Typically a statute, but Kidnapping, Rape, Arson, Robbery, Burglary
      - 2nd Degree Murder
        
        Catch-All for all other murders (premeditated or second degree)