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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 and quality of act.
MPC --> mental illness results in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
Intoxication
Involuntary: results when taking an intoxicating substance w/o knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance's intoxicating effect
Voluntary: may be a defense to crimes requiring intent or knowledge if intoxication prevented the accused from formulating the requisite intent.
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Self-Defense
May use non-deadly force if reasonably believed was necessary to defend against imminent unlawful force
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Elements of Crime
Mens rea
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Common Law
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Specific intent: purpose
1st degree murder, assault, inchoate crimes, property crimes
Model Penal Code (MPC)
Negligently: gross deviation from norm in failing to perceive substantial and unjustifiable risk --> objective standard
Recklessly: gross deviation from norm in consciously disregarding substantial and unjustifiable risk
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Actus rea
includes a physical or external component and either a voluntary act or the omission to act that violates a legal duty
Accomplice Liability
Individuals that are accessories to a crime committed by another. Liable if assisting by: aiding, encouraging or advising with the intention to assist in the commission of the crime.
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Crimes Involving People
Homicide
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Malice
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- Intent to inflict serious bodily injury
- Gross recklessness (depraved heart)
- Felony murder: killing during the course of felony; no intent required
Manslaughter
Voluntary: an intentional killing in the heat of passion. Heat of Passion requires a sudden and intense reaction with adequate provocation and no cooling off period
Involuntary: either an unlawful killing with negligence or recklessness OR a killing during the course of a misdemeanor or a felony not included in felony murder.