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MBE Crim. Law I
Introduction to Crimes Against the Person
| Term | Definition |
|---|---|
| Mens Rea - "Knowingly" I | A person has "knowledge" of a material fact if he is aware of the fact or he correctly believes that it exists. Most jurisdictions also permit a finding of knowledge of an attendant circumstance when the defendant is said to be guilty of " willful... |
| Mens Rea - "Knowingly" II | ... Blindness" or "deliberate ignorance," i.e. if the defendant is aware of a high probability of the existence of the fact in question, and he deliberately fails to investigate in order to avoid confirmation. |
| 3 Types of Crimes I | - Specific Intent - Requires an actual subjective intent to cause a specific result. General Intent - requires only an intent to do the prescribed act. - Strict liability - requires no mens rea -- Reg offenses -- Reg of food, drugs, firearms |
| 3 Types of Crimes II | -- Morality crimes |
| Voluntary Intoxication - SI | A defense to a specific intent crime where it negates the mens era, but no defense to a general intent crime (e.g. arson). |
| Mistake of Fact | -Specific Intent-Any mistake, reasonable or unreasonable -General Intent-Only reasonable mistake -Strict liability-Mistake of fact is no defense |
| Self-Defense | -Reas. non-deadly force is allowed where defendant reas. believes it is necessary to avert imminent harm -Deadly Force-Allowed: 1.To meet deadly force, or 2.To counter a threat of serious bodily harm General Rule: No duty to retreat |
| Insanity Defense | M'Naghten Rule - Cognitive test 1)Defendant does not know the nature and quality of his act, OR 2)he does not know what he was doing was wrong |
| Homicide I (Murder) (Malice Needed) | -Intentional: -- Premeditated -Unintentional: --Felony Murder --Intent to inflict serious bodily injury --Depraved heart murder --nonfeasance |
| Homicide II (Manslaughter) (No Malice needed) | -Intentional --voluntary manslaughter -Unintentional: --Involuntary manslaughter --nonfeasance |
| Criminal Liability for Failure to Act | A duty may arise by: 1)Statute 2)Contract 3)Creation of victim's peril 4)Relationship (parent and spouses) |
| Voluntary intoxication (SI) | Can reduce 1st degree murder to 2nd degree murder, but does NOT mitigate murder to voluntary manslaughter. |
| Manslaughter | -Voluntary-Intentional killing (SI) 1) Adequate provocation 2) Mistaken justification -Involuntary - unintentional (GI) 1) Gross negligence 2) Misdemeanor - manslaughter |
| Redline Rule | To be guilty of felony murder, the killing must have been done in the furtherance of the felony, but the victim must be an innocent party. Felony murder does not apply when the person killed is a co-felon. |
| Murder | 1st Degree: reserved for intentional killing 2nd Degree: Unintentional Felony murder (all else) |
Created by:
Gkell001
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