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Criminal Law, Inchoate Crimes, Discrete Offenses, Mechanisms of Criminal…
Criminal Law
Inchoate Crimes
Attempt
Check for valid MR and AR
Defenses
Excuses
Mistake of Fact Q
Common Law Approach
Type of Crime?
Specific Intent
Does the mistake relate to the SI portion of the crime?
2 more items...
General Intent
Was the crime reasonable?
2 more items...
Strict Liability
mistake of fact = irrelevant
MPC Approach
Does mistake negate require MR?
Abandonment
Justifications
Battered Person Syndrome
Self-Defense
Constitutionality
Vagueness
Proportionality
Conspiracy
Solicitation
Discrete Offenses
Sexual Violence/Rape
Force
Consent & MR
Drug Possession/Distribution
Possession
Actual
Constructive
Trafficking
Homicide
Intentional?
No
Manslaughter
Involuntary Manslaughter
Voluntary Manslaughter
Yes
Felony Murder Rule
Murder
2nd Degree
1st Degree
Mechanisms of Criminal Law
Prosecutor makes plea offer
D can accept or attempt to negotiate
D pleads guilty in court
Sentenced
Prosecutor charges D
Prosecutor's case in chief
D's case (optional)
Prosecutor rebuts (only evidence presented in D's case)
Guilty
Each element must prove guilt beyond a reasonable doubt
Innocent
Sentencing
Criminal Liability Requires:
Culpable Mental State
Mistake of Fact