Brett's Slides For Criminal Law Final

Common Law Murder

the unlawful killing of human being (actus reus) with malice aforethought (mens rea)

4 ways to prove malice aforethought

1. intent to kill

2. intent to cause grievous bodily harm

3. deprave heart (implied malice) murder

4. intent to commit a felony

MPC Murder

Causing the death of another human being (actus reus) purposely or knowingly recklessly under circumstances manifesting extreme indifference to the value of human life (mens rea)

Common Law Manslaughter

Unlawful killing of a human being (actus reus) without malice aforethought (mens rea)

CL murder can be mitigated to manslaughter by way of the rule of procovation:

1) there must have been adequate provocation

2) the killing must have been in the heat of passion

3) it must have been sudden, following the provocation without time for the passion to cool

4) there must have been a causal connection between the provocation, the passion, and the fatal act

MPC Manslaughter

causing the death of another human being (actus reus) recklessly under the influence of extreme or emotional disturbance for which these is a reasonable explanation or excuse (mens rea)

Attempt

Defendant must have the intent to act and the intent to commit the crime (mens rea) do some act in furtherance of that intent (actus reus)

Solicitation

Defendant must have the intent to act and the intent that the solicited party will complete the target offense (mens rea) request or encourage another to complete the target offense (actus reus)

Conspiracy

defendant must have the intent to enter into an agreement and the intent that the target offense will be completed (mens rea) form a tacit agreement with others to complete the target offense (actus reus)

Accomplice Liability

defendant gave assistance or encouragement or failed to perform a legal duty to prevent the crime (actus reus) with the intent to promote or facilitate commission of the crime (mens rea)

CL Larceny Trespassory Taking

any taking that is unlawful, without the owner’s consent or other legal justification

CL Larceny Carrying Away

can be extremely minimal to be satisfied

Failure of Proof

any claim that the prosecution has not met their burden of proving a material element of the crime. Keeps the burden of proof on the prosecution rather than shifting to the defendant as an affirmative defense.

Justification

negates the social harm of the offense

Excuse

negated the defendant’s responsibility for the offense

CL Legal Wrong Doctrine

if a defendant’s conduct, based on the facts as he reasonably (but mistakenly) believed them to be, constitutes a crime - albeit a lesser one than the offense for which he has been charged - strict loability applied to the attendant circumstance element about which he was reasonably mistaken, and he may be convicted and punished for the more serious crime.

voluntarness principal

not every element, but the element that transformed the behavior from innocent to an offense must be voluntary