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Criminal Law - Coggle Diagram
Criminal Law
Defenses
insanity
CL - M'Naughten rule, mental illness must have precluded knowing right from wrong or understanding the nature and quality of the act
MPC - Insanity must have resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to the law
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mistake
of fact - must negate the state of mind. must be reas for gen intent crimes. Can be any mistake for specific intent. doesn't work for strict liability
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Elements of crime
Mens Rea
At Cl
Strict Liability - no mens rea needed-(statutory rape, public health, and safety regulations)
Specific intent - purposeful (1st degree murder, assault, inchoate crimes, property crimes)
Malice - gross negligence (murder, arson)
General intent - criminal negligence (rape, battery, kidnapping)
For MPC
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Recklessly - gross deviation from norm, consciously disregard substantial and unjustifiable risk
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Crimes involving persons
homicide
cl reqs unlawful killing and "malice aforethought", 4 types of malice
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felony murder - killing during course of felony, no intent needed (under cl, can be done by anyone, under modern approach must be the specific person doing the killing)
mpc
1st degree murder - specific intent, aka premeditated murder
1st degree felony murder - must be a felony enumerated in statute, usually rape, burglary, robbery, arson, kidnapping
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Manslaughter
voluntary - an intentional killing in the heat of passion, aka sudden and intense reaction with adequate provocation and no cooling off period (words alone are insufficient)
involuntary - unlawful killing with neg/recklessness, or a killing during a crime not included in felony murder
Accomplice Liability
Accessory to someone else's crime, aided, encouraged, or advised and intended to assist with the crime
CL
Principal in 1st degree - present at scene and commits 1 element of the crime, liable for crimes committed
Principle in the 2nd degree - present at scene and assists but doesn't do any element of the crime, liable for crimes committed
Accessory before the fact - not at scene, helped beforehand, liable for foreseeable crimes committed
Accessory after the fact - not at scene, helped after, only liable for crime of being an accessory after the fact
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