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Criminal Law, Attempt, Solicitation, NOT defenses, NOT defenses, accessory…

- - - - Strict liability (no mens rea required)
      - General intent (general negligence)
      - Malice (gross negligence)
      - Specific intent (purpose)
    - - Negligently
      - Recklessly
      - Knowingly
      - Purposefully (intent)
  - - - voluntary=when the mind and will have share, not purely reflexive (does not =intentional)
        
        Absent voluntarily induced consciousness, cannot be culpable for actions while unconscious
      - omission=when not acting violates a legal duty to act
        
        GR no legal duty to act or aid absent a source of duty
  - - - proximate cause
      - but for
- - - - mens rea
        
        actus res
        
        agreement to commit an unlawful act
        
        Majority approach
        
        requires an overt act committed in furtherance of the conspiracy
        
        Common law
        
        does not require overt act
        
        MPC
        
        defenses
        
        Common law
        
        defense against future crimes by co-conspirators
        
        notifying co-conspirators you are withdrawing from the conspiracy in time for them to abandon their plans.
        
        MPC
        
        defense against conspiracy charge
        
        voluntarily withdrawing from conspiracy AND thwarting success of the conspiracy
        
        specific intent to achieve the object of the agreement
  - - - Homicide
    - - Larceny
        
        Embezzlement
        
        False pretenses
        
        Robbery
        
        Burglary
        
        mens rea
        
        1 more item...
        
        actus res
        
        2 more items...
        
        Extortion
        
        3 more items...
        
        mens rea
        
        intent to permanently deprive person of their property
        
        actus res
        
        taking away another person's property in their possession OR in their presence by trespass via force or threat of force now
        
        mens rea
        
        intent to defraud
        
        actus res
        
        taking title to property through misrepresentation
        
        mens rea
        
        intent to defraud
        
        actus res
        
        fraudulent conversion of property lawfully held in trust by criminal
        
        mens rea
        
        intent to permanently deprive person of their property
        
        returning property NOT a defense
        
        actus res
- - - - mens rea
        
        purpose to assist in the commission of the other actor's crime
        
        aided, encouraged, or advised with
        
        conduct expressly declared by law to establish complicity OR
        
        conduct causes a result that is an element to the offense
        
        1) acts with the culpability required (if there is one) for the result element of the offense AND 2) purpose is to promote or facilitate the conduct of the offense.
      - actus res
    - - actus res
        
        Preformed acts or gave encouragement which aided and assisted the commission of the crime.
      - mens rea
        
        1) intent to do that acts that constitute assistance of the primary party AND 2) intent that such assistance will result in the commission of the offense charged
  - - - present @ scene and commits at least 1 element of the crime
    - - present @ scene, assists but does not commit any element of the crime
- - - - factual
        
        That the crime was impossible to commit
      - legal
    - - Insanity (NEGATES ALL ELEMENTS OF CRIME)
        
        Mistake of fact (NEGATES MENS REA)
        
        Self-defense
        
        Defense of others
        
        Defense of property
        
        Duress
        
        1 more item...
        
        For deadly force
        
        If D reasonably believed deadly force was necessary to defend against imminent unlawful deadly force or serious bodily injury.
        
        For non-deadly force
        
        If D reasonably believed the force used was necessary to defend against imminent unlawful force.
        
        GR when mistake of fact negates the required mens rea.
        
        general intent crimes=mistake must be reasonable
        
        specific intent crimes=ANY mistake
        
        common law
        
        MPC
        
        When, as a result of mental disease or defect D 1) COGNITIVE lacked substantial capacity to appreciate the criminality (or moral wrongfulness) of their conduct OR 2) VIOLATION D lacked substantial capacity to conform their conduct to the requirements of law
        
        M'Naghten test (majority): @ the time of committing the act, D was laboring under such a defect of reason, from disease of the mind, that D 1) did not understand the nature or quality of their acts OR 2) did not know what they were doing was wrong.
        
        All or nothing approach—requires total incapacity of cognition (how you perceive the world). ONLY LOOKS at cognition does not look at violation (one's will being overcome)
      - Voluntary (NEGATES MENS REA. DEFENSE 2 SPECIFIC INTENT CRIMES)
        
        When intoxication is self induced, doesn't matter if you intended to become intoxicated, AND intoxication prevented D from formulating required intent
      - Involuntary (NEGATES ALL ELEMENTS OF CRIME)
        
        When an individual takes intoxicating substance 1) w/o knowledge of its nature, 2) under direct duress by another, 3) under medical advice w/o knowledge of its intoxicating effects.
- - - - substantial step beyond mere preparation towards completion of a crime
    - - an act with a dangerous propensity towards completion of a crime
    - - MPC
        
        legal impossibility
      - Common law
      - NOT defenses
        
        MPC
        
        factual impossibility
        
        Common law