Common Law vs. Model Penal Code

Vocabulary flashcards from lecture notes on Common Law and the Model Penal Code.

Intentionally

Purposely and Knowingly (I = PK)

Maliciously

Intentionally or Recklessly (M = I/R)

Willfully

Intentionally and Purposely (W = IP)

Strict Liability

no requisite mental state (no mens rea)

Premeditation

gather specific intent to do it

Deliberation

contemplate

Adequate Provocation

calculated to inflame the passion of a reasonable person and tend to cause him to act for the moment from a passion rather than reason

general purposes of the provisions governing the definition of offenses

to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests

general purposes of the provisions governing the sentencing and treatment of offenders

to prevent the commission of offenses

act or action

bodily movement whether voluntary or involuntary

omission

a failure to act

conduct

an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions

actor

includes, where relevant, a person guilty of an omission

purposely

means purposely; equivalent terms such as "with purpose," "designed" or "with design" have the same meaning

intentionally or with intent

means purposely

knowingly

has the meaning specified in Section 2.02 and equivalent terms such as "knowing" or "with knowledge" have the same meaning

recklessly

has the meaning specified in Section 2.02 and equivalent terms such as "recklessness" or "with recklessness" have the same meaning

negligently

has the meaning specified in Section 2.02 and equivalent terms such as "negligence" or "with negligence" have the same meaning

reasonably believes or reasonable belief

designates a belief that the actor is not reckless or negligent in holding

Purposely

A person acts purposely with respect to a material element of an offense when it is his conscious object to engage in conduct of that nature or to cause such a result

Knowingly

A person acts knowingly with respect to a material element of an offense when he is aware that it is practically certain that his conduct will cause such a result.

Recklessly

A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.

Negligently

A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.

Causal Relationship

Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred

Duress

It is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, that a person of reasonable firmness in his situation would have been unable to resist.

Justification Generally: Choice of the Evils

Conduct that the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable, provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged

Use of Force in Self-Protection

Subject to the provisions of this Section and of Section 3.09, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion

Mental Disease or Defect Excluding Responsibility

A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law.

Criminal Attempt

A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be

human being

means a person who has been born and is alive

bodily injury

means physical pain, illness or any impairment of physical condition

serious bodily injury

means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

deadly weapon

means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used

Criminal Homicide

A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.

Murder

Except as provided in Section 210.3(1)(b), criminal homicide constitutes murder when it is committed purposely or knowingly; or it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.

Manslaughter

Criminal homicide constitutes manslaughter when it is committed recklessly; or a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.

Negligent Homicide

Criminal homicide constitutes negligent homicide when it is committed negligently.

Sexual intercourse

includes intercourse per os or per anum, with some penetration however slight; emission is not required

Deviate sexual intercourse

means sexual intercourse per os or per anum between human beings who are not husband and wife, and any form of sexual intercourse with an animal

Rape

A male who has sexual intercourse with a female not his wife is guilty of rape if he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone

Sexual Assault

A person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault, a misdemeanor, if he knows that the contact is offensive to the other person

Indecent exposure

A person commits a misdemeanor if, for the purpose of arousing or gratifying sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm.