Criminal Law

Negates Mens Rea

Involuntary intoxication, mistake of fact, Ignorance of the Law

Aggravated Assault #1

Attemps or PKR, causes serious bodily injury, to another

Aggravated Assault #2

attempts or PK, causes bodily injury, to another, with a deadly weapon

serious bodily injury

substantial risk of death OR permanent disfigurement OR protracted loss of bodily member or organ

bodily injury

physical pain OR illness OR impairment of conditions

deadly weapon

firearm OR other object capable of causing death or SBI

Simple Assault #1

Attempts or PKR, causes bodily injury, to another

simple assault #2

negligently, causes bodily injury, with a deadly weapon, to another

Simple assault #3

attempts by physical menace, to put another, in fear of, imminent serious bodily injury (PKR)

Recklessly Endangerment of Another

Recklessly engages in conduct, placing another, in danger of death, or serious bodily injury

Terroristic Threat

Threaten to commit, crime of violence, with purpose to terrorize, another

Theft by Unlawfully Taking

Unlawfully take/exercise control over, movable property, of another, with purpose to deprive

Property

anything of value, of another

Deprive

withhold permanently/time OR restore only for compensation OR unlikely to recover

Claim of Right Defenses

Unaware it belonged to another, Honest claim of right, Exposed for sale + intent to pay or reasonable belief owner consents

Theft by deception

Offence, purposely obtains, property, of another, by deception

Deceives

False impression, prevents acquiring info, fails to correct false impression, Fails to disclose known other interest.

obtains

thing OR services

Receiving Stolen Property

Offence, Purposely, Retains/Receives/Disposes, property of another, Knowingly/believing stolen

Trespass

Offense, knowingly, not privileged/licensed, enters/remains, building/Occupied, Structure/separately, night enhancement

Occupied Structure

adapted for overnight accommodation or business, even if no one is present at the time

Night

30 mins after sunset/30 mins before sunrise

Defenses of trespass

Abandoned, Open to public, Reasonable belief owner ok

Robbery

In course of committing theft, PKR inflicts SBI upon another (AA), P threatens SBI upon another (TT), or other F1 or F2

Burlary

Knowingly, enters, building or occupied structure, or separately secured or occupied portion thereof, unless premises are open to public, or actor has license or privlege, AND purpose to commit crime (other f1 or f2)

MPC Self Defense

Believes in imminent harm AND duty to retreat (If safe to do so)

American Self Defense

Reasonable and actual fear, imminent/immediate harm, Proportional, Not initial aggressor

Law enforcement use of force - Common Law

Same rule as self defense, Fleeing felon

Law enforcement use of force - MODERN

Same rule as self defense, Fleeing felon, AND threat of serious physical harm

Necessity/Choice of Evils - MPC

harm/evil prevented is GREATER THAN offense

Necessity/Choice of Evils - Factors Test

Imminent danger, No alternatives, No recklessness, No pre-conceived design, Cease ASAP

Limitations to Necessity/Choice of Evils

Unless forbidden by legislation, Other defenses already created, Never applies to killing an innocent person

Purpose of punishment

Deterrence (Specific and General), Rehabilitation, Retribution, Incapacitation, Economic Efficiency

Illegitimate Purposes

Economics, Gender, Race, Intersectionality, Oppressor v. oppressed

Discrimination Types

Discrimination as applied, Facially Neutral

Safety Rails

Proportionality, Consistency, Natural Law