MPC Homicide CL Homicide Defenses Inchoate Crimes CL v. MPC
100
What are purpose, knowledge, recklessness, and negligence?
The culpable states of mind for MPC intent.
100
What is first degree homicide?
Intent to kill with premeditation and deliberation OR enumerated felony murder.
100
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.
100
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.
100
What is common law?
Under these rules, the various tests for determining whether an attempt has occurred are mainly "wait and see" tests.
200
What is murder?
A killing committed purposely or knowingly.
200
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.
200
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.
200
What is solicitation?
This crime occurs when a person invites, requests, commands, hires, or encourages another to commit a crime.
200
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.
300
What is manslaughter?
Homicide committed under the influence of extreme mental or emotional disturbance.
300
What is voluntary manslaughter?
Intent to kill while in a heat of passion upon adequate provocation.
300
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.
300
What is a conspiracy?
An agreement to commit a criminal act.
300
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.
400
What is murder?
Homicide committed with gross recklessness manifesting extreme indifference to the value of human life.
400
What is involuntary manslaughter?
A killing that occurs due to reckless or grossly negligent behavior.
400
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.
400
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.
400
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.
500
What is (reckless) manslaughter?
Homicide committed while consciously taking an unjustified risk.
500
What are inherently dangerous, merger rule, and during furtherance of the felony?
The limitations for felony murder (3).
500
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.
500
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.
500
What is MPC?
Under these rules, duress can be used as a defense to murder.






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