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Criminal Law - Coggle Diagram
Criminal Law
Defenses
Insanity
Under common law, rule is called the M'Naughten rule. Mental illness precluded knowing right from wrong or understanding the nature and quality of act.
Under MPC. mental illness resulted in lack of substantial capacity to appreciate the wrongfulness of conduces or to conform to law
Involuntary intoxication: defense to all elements of a crime. Intoxication is caused by any substance including alcohol, drugs, and medicine. Involuntary intoxication results when the individual is taking the intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance's intoxicating effect.
Voluntary intoxication. Is self induced and restates from intuitional taking without duress a substance known to be intoxicating.
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Self defense: an individual may use non-deadly force in self-defense if they reasonably believed the force was necessary to defend against imminent unlawful force.
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Accomplice Liability
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Principal in the second degree- present at the scene, assists but does not commit any element of the crime
Accessory before the fact- Not at scene, provided assistance beforehand. Liable for every crime committed. Both planned and all foreseeable crimes.
Accessory after the fact-not at the scene, provided assistance after crime is completed. Not liable for the crime committed, but is liable for the separate crime of being an accessory after the fact
Inchoate Crimes
Solicitation-asking or encouraging someone to commit a crime with the intent to commit that crime. Solicitation merges into the completed crime.
Conspiracy- Requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement
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Crimes involving persons
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Manslaughter
Voluntary
Intentional killing in the heat of passion- heat of passion requires a sudden and intense reaction with adequate provocation and no cooling off period- Words alone are insufficient
Involuntary
Either;
1) unlawful killing with negligence or recklessness or
2) killing during the course of a misdemeanor or a felony not included in felony murder
Elements of crime
Mens Rea
Common Law
Strict Liability - no mens Rea required- (statutory rape, public health, and safety regulations)
General Intent- criminal negligence (rape, battery, kidnapping)
Malice- Gross negligence (Murder, arson)
Specific Intent- purpose (first-degree murder, assault, inchoate crimes, property-related crimes)
MPC
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Recklessly- gross deviation from norm in consciously disregarding substantial and unjustifiable risk.
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Actus Rea
The physical or external component and either a voluntary act or the omission to act that violates a legal duty