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Crim. Prac. Pro - Coggle Diagram
Crim. Prac. Pro
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Elements of Crime
Actus reus= guilt; to satisfy must be some voluntary movement by Defendant. Note: Involuntary acts cannot be the basis for fault. If sleep or unconscious not liable. If movement reflexive or convulsive not liable. If you don't act when you had a duty can count as established. If you don't act and had knowledge of duty then this reasonably establishes acts reus.
Mens Rea= mental state at the time of crime. Ask was D aware? What was D's intent? Was there malice= reckless; disregard. Think: arson and Common law murder; was there malice?
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Merger Doctrine applies except as it pertains to conspiracy. Can just be a conspirator. Do not have to be conspirator and murderer.
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Defenses
INCOHATE OFFENSES
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Insanity= M'Naughten Test, irresistible impulse test, MPC( McNaughten +Irresistible impuls, Durham
Infancy, diminished capacity & intoxication
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Self Defense & Defense of others= non-deadly force if not the aggressor: reasonably believes needs to protect
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Necessity, Duress & Consent
Entrapment:Elements= 1) crim. design originated with law enforcement 2) D was not otherwise predisposed to commit crime
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