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Criminal Law - Coggle Diagram
Criminal Law
Defenses
Insanity
M'Naughten rule (common law): mental illness precluded knowing right from wrong or understanding the nature or quality of the act
MPC: mental illness resulted in a lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
Intoxication
Voluntary: self-induced, results from intentional taking of intoxicating substance without duress a substance known to be intoxicating; no intention to become intoxicated is required; may be a defense to all crimes requiring intent or knowledge if the intoxication prevented the accused from formulating the requisite intent (therefore to specific intent crimes, but not a general defense)
Involuntary: defense to all elements of a crime; when an idividual takes substance without knowledge of its intoxicating nature, under direct duress imposed by another or pursuant to medical advice while unaware of the substance's intoxicating effect
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Self-defense
individual may use non-deadly force in self-defense if reasonably believing the force was necessary to defend against imminent unlawful force
Deadly force only permissible if the accused reasonably believes the force is necessary to defend against imminent unlawful deadly force
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Inchoate crimes
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Conspiracy
requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement
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common law: conspirator can withdraw from the conspiracy by notifying co-conspirators in time for them to abandon their plans (still liable for the conspiracy and the crime, but no longer for further crimes)
MPC: voluntarily withdrawing and thwarting the success of the conspiracy is a defense against the conspiracy itself; impossibility not a defense
Attempt
common law: requires an act with a dangerous propensity towards completion of the crime; requires specific intent
MPC: requires a substantial step beyond mere preparation towards completion of the crime; requires specific intent
Elements of Crime
mens rea
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Common Law
Strict liability
no mens rea required (statutory rape, public health, and safety regs)
General intent
criminal negligence (rape, battery, kidnapping)
Malice
gross negligence (murder, arson)
Specific intent
purpose (first-degree murder, assault, inchoate crimes, property-related crimes)
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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
There is generally no duty to act or aid, but a duty may arise from a STT, K, relationship btw parties, assumption of care, or the creation of the peril
Accomplice liability
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modern approach: one is liable for someone else's crime if they assisted by aiding, encouraging, or advising, and they intended to assist in the commission of the crime
Crimes involving persons
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Manslaughter
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Involuntary
either an unlawful killing with negligence or recklessness, or killing during the course of a misdemeanor or a felony not included in felony murder