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Criminal Law - Coggle Diagram

- - - - reasonably believes forced used is necessary to defend against imminent unlawful deadly force or serious bodily harm
    - - reasonably believes that force used was necessary to defend against imminent unlawful force.
  - - - General intent crimes
        
        Mistake must be reasonable
      - Specific intent crimes
        
        reasonableness is not required as any mistake of fact is a defense
      - Strict Liability
        
        Mistake is not a defense
  - - - self induced
      - need not have intended to be intoxicated
      - may be a defense to crimes requiring knowledge or intent if intoxication prevented the accused from formulating the requisite intent
        
        works for specific intent crimes not general intent crimes
    - - defense to all elements of a crime
      - Can me any substance
      - under direct duress imposed by another or medical advice while unaware of the substances intoxicating effect
      - Could be treaded as mental illness in some jurisdictions
  - - - M'Naughten rule
        
        Mental illness precluded knowing right from wrong or understanding nthe nature and quality of the act
    - - Mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
- - - - applies to any structure and is not limited to "at night"
    - - breaking and entering a dwelling of another at night with the intent tp commit a felony within the dwelling
- - - - Liabile for crimes committed
  - - - Liable for every crime committed (planned and foreseeable)
  - - - Liable for crimes committed
  - - - No liable for initial crime but liable as an accessory after the fact
  - - - Neutralizing aid, prevents the crime, or notifies the authorities
- - - - liable for conspiracy, completed crime, and any foreseeable crimes by co-conspirators
    - - Common Law
        
        Can withdraw from liability of further crimes (past target) if you attempt to talk co-conspirators out of it
      - MPC
        
        MPC withdraw includes voluntary withdrawing and thwarting crimes
  - - - act + dangerous propensity towards completion of the crime
    - - Substantial step beyond mere preparation towards completion of crime
    - - Factual impossibility is not a defense
      - Legal impossibility is a defense
- - - - Common Law
        
        General Intent
        
        Criminal negligence
        
        Battery
        
        Kidnapping
        
        Rape
        
        Specific Intent
        
        Purpose
        
        Assault
        
        Inchoate Crimes
        
        First-degree Murder
        
        Property-related crimes
        
        Strict Liability
        
        No mens rea
        
        Public Health
        
        Statutory rape
        
        Safety regulations
        
        Malice
        
        Gross negligence
        
        Murder
        
        Arson
      - MPC
        
        Negligently
        
        gross deviation form norm failing to perceive substantial and unjustifiable risk
        
        Recklessly
        
        gross deviation from norm in consciously disregarding substantial and unjustifiable riske
        
        Knowingly
        
        Awareness
        
        Purposely
        
        conscious object
  - - - Voluntary Act
      - Omission to Act that violates legal duty
        
        generally no legal duty to act or aid
        
        Duty can arise from statutes, contract, relationship between parties, assumption of care, creation of peril
- - - - unlawful killing + malice aforethought
    - - Intent to inflict serious bodily harm
      - Gross recklessness (depraved heart)
      - Felony murder-killing during corse of felony. Intent no required
        
        Common law
        
        Killing can be done by anyone
        
        Modern Law
        
        Killing must be done by the defendant
      - Intent to kill
    - - Voluntary
        
        intentional killing in the heat of passion
        
        Heat of passion=sudden and intense reaction w/ adequate provocation + no cooling off period
        
        Words alone are insufficent
      - Involuntary
        
        unlawful killing with negligence or recklessness
        
        Killing during the course of a misdemeanor or felony not included in felony murder
    - - First degree Murder
        
        Specific intent homicide/Premeditated murder
      - Second degree murder
        
        catch-all for cother common murders
      - First degree felony murder
        
        felony enumerated by statute
        
        Typically includes rape, burglary, robbery, arson, and kidnapping