Midterm 2 Review

What are the four mental states that the MPC uses in criminal statutes and place them in order from the most culpable to the least?

Purposely, knowingly, recklessly, negligently

In Holdridge v. United States, the SC held that a strict liability crime?

Valid, as there was a clear legislative intent to eliminate a knowledge element in the trespass statute

Example of Public Welfare

Criminal statute intended to protect many people in the community

Mistake of Fact is

Defense to a specific intent crime if it negates that mens rea element

In strict liability crimes, the defense of

Mistake of law is never a defense; mistake of fact is never a defense

When a person receives advice from a governmental official about a criminal statute that is inaccurate, this is called

Mistake of Law, as the person reasonably relied on the advice

The difference between justification defenses and excuse defenses are

In a justification defense, you focus on the act committed and with an excuse defense you focus on the defendant

Under common law, for a defendant to be completely acquitted on a murder charge in a self-defense case, they need to

Honestly and reasonably believe that death or GBI was imminent

For a defendant to successfully use self-defense today in CA, which one below is NOT a factor they must show

They were unable to retreat

Can an aggressor in a physical altercation ever use self-defense?

Yes, if they retreat and make it known to the other party

When it comes to the use of deadly force, MPC differs from common law as

MPC is more lenient as it requires only that the force be necessary at the present occasion

A person living in a state that uses the MPC CANNOT use deadly force when

They defend themselves against a carjacking

In a self-defense of other, a third party today may use deadly force if

The initial victim could use deadly force

A person may use deadly force when defending their property when

Never

According to MPC, when may a person use deadly force in self-defense

When there is no possibility of retreat from death or GBI

When analyzing a self-defense claim, who is considered to be the reasonably prudent person?

A standard that is ultimately determined by the jury trial

If a police officer, in a lawful position, fires their weapon in self-defense but injures an innocent bystander, the officer

Will not be charged with a crime, as the intent to defend himself transferred to the injury on the innocent bystander

Which of the following best explains the impact of intervening acts of causation in a criminal case?

If a victim responds uncontrollably or abnormally to the defendant’s conduct, the defendant may not be held liable for the harm caused by the victim’s actions

Under the common law Castle Doctrine, which of the following statements is most accurate?

A person can use deadly force in their home to protect themselves and their family members

In State v. Ellis, what did the court find to be relevant in determining the reasonableness of the defendant’s state of mind in self-defense?

Reputation of the victim in the community for violence and weapons was relevant in assessing the reasonableness of the defendant’s state of mind in self-defense

In Regina v. Cunningham, the court clarified the standard for “malice” or “evil intent” in criminal law, what was the key principle established by this case?

A person can be convicted of a crime with the mens rea of malice if they either intend the harm caused or were reckless by consciously ignoring the known risks

For a conviction of murder in CA, you not only need a voluntary act that caused the death, but you need what type of state of mind?

Either express or implied malice

In Morissette v. United States, the SC determined that the law was

Invalid, as common law embezzlement requires a knowledge element for the crime to be committed

Which of the following is NOT typically included as a factor when applying the “reasonable person” standard

Mental attributes of the defendant

In Miller v. Commonwealth, the court ruled that a mistake of law could be a valid defense under certain circumstances. Which of the following best describes the exception of the general rule of “ignorance of the law is not an excuse” in a case?

A mistake of law can be a valid defense if the defendant reasonably relied on legal misinformation provided by the government, which led them to unknowingly commit a crime