MPC Homicide | CL Homicide | Defenses | Inchoate Crimes | CL v. MPC |
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What are purpose, knowledge, recklessness, and negligence?
The culpable states of mind for MPC intent.
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What is first degree homicide?
Intent to kill with premeditation and deliberation OR enumerated felony murder.
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What is CL self-defense?
Justification of a crime when there is an imminent threat of unlawful force which causes D to reasonably believe he is in peril, and D uses force that is necessary & proportional.
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What is accessory before the fact?
This term refers to an accomplice in a crime who aids before the commission but is not present at commission.
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What is common law?
Under these rules, the various tests for determining whether an attempt has occurred are mainly "wait and see" tests.
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What is murder?
A killing committed purposely or knowingly.
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What is second degree murder?
Intent to kill without premeditation and deliberation; intent to cause great bodily harm or extreme recklessness; non-enumerated felony murder.
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What is the intoxication defense?
The involuntary form of this defense can always be used under CL and MPC, but use of the voluntary form is more limited.
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What is solicitation?
This crime occurs when a person invites, requests, commands, hires, or encourages another to commit a crime.
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What is common law?
Under these rules, a D is guilty of a crime only if the harm was a foreseeable risk of his conduct (proximate cause), even if D does not anticipate manner in which it occurs, although intervening act will shield from liability if coincidental and unforeseeable.
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What is manslaughter?
Homicide committed under the influence of extreme mental or emotional disturbance.
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What is voluntary manslaughter?
Intent to kill while in a heat of passion upon adequate provocation.
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What is defense of habitation (under the majority CL rule)?
Deadly force allowed under this defense if the person reasonably believes intruder intends to unlawfully and imminently enter to commit a forcible and atrocious felony, and deadly force is necessary to prevent entry.
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What is a conspiracy?
An agreement to commit a criminal act.
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What is MPC?
A common limitation to defenses under these rules is that D must not have been reckless or negligent in forming her belief that defense is necessary.
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What is murder?
Homicide committed with gross recklessness manifesting extreme indifference to the value of human life.
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What is involuntary manslaughter?
A killing that occurs due to reckless or grossly negligent behavior.
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What is MPC necessity defense?
This justification is allowed when D believes her conduct is necessary to avoid an evil/harm, which would have been greater than the harm caused by D's conduct, IF there is no legislation precluding defense.
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What is abandonment?
This defense is allowed under CL for subsequent criminal acts if D communicated his renunciation and neutralized his assistance, and under MPC if D terminated complicity prior to commission AND neutralized assistance, timely warned, or thwarted.
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What is common law?
Under these rules, knowledge is enough to be guilty of conspiracy if D has intent to further the criminal enterprise or the crime is of an aggravated nature.
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What is (reckless) manslaughter?
Homicide committed while consciously taking an unjustified risk.
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What are inherently dangerous, merger rule, and during furtherance of the felony?
The limitations for felony murder (3).
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What is MPC insanity defense?
D is relieved of responsibility when as a result of mental disease/defect, she lacked substantial capacity to appreciate the criminality of her conduct or lacked substantial capacity to conform her conduct to the requirement of the law.
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What is the natural and probable consequences doctrine?
Under the CL, an individual can be liable for unplanned crimes committed by their partner based on this doctrine.
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What is MPC?
Under these rules, duress can be used as a defense to murder.
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