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Criminal Law - Coggle Diagram
Criminal Law
Defenses
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Intoxication
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Voluntary: may be defense to crimes requiring intent or knowledge if intoxicated prevented the accused from formulating the requisite intent
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Insanity
Common Law: M'Naghten rule, mental illness precluded knowing right from wrong or understanding the nature and quality of act
MPC: mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
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Elements of Crime
Mens Rea
Common Law
General Intent: criminal negligence (rape, battery, kidnapping)
Malice: gross negligence (murder, arson)
Strict Liability: no mens rea required (statutory rape, public health, safety regulations)
Specific Intent: purpose (first degree murder, assault, inchoate crimes, property related crimes)
Model Penal Code (NRKP)
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Recklessly: gross deviation from norm in consciously disregarding substantial and unjustifiable risk
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Inchoate Crimes (SAC)
Specific Intent Crimes
Conspiracy (requires an agreement to commit the unlawful act and the specific intent to achieve to object of the agreement
Common Law: conspirator can withdraw from conspiracy by notifying co-conspirator in time for them to abandon their plans (liable for conspiracy and crime itself BUT NOT any further crimes)
MPC: voluntarily withdrawing and thwarting the success of the conspiracy is a defense against the conspiracy itself (impossibility not a defense)
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Accomplice Liability
Common Law
Principal in the Second Degree: present at scene but does not commit any element of the crime (LIABLE)
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Accessory after the fact: not at the scene but provided assistance after crime completed (NOT LIABLE FOR CRIME COMMITTED BUT LIABLE FOR BEING ACCESSORY)
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