Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Defense of others Intervenor must be correct Subjective belief, must be

(or reasonably appear proportional response,
justified), other person’s believe other is justified in
shoes doctrine self defense and believe
intervention is necessary

Effectuation of Arrest Deadly force okak if Deadly force never

reasonable necessary, available to private
offense must be a forcible persons. Only for police if
felony, must give notice of for a felony, no risk to
arrest and must be correct bystanders and there is a
(mistake no excuse) substantial risk to others if
arrest is delayed

Crime Prevention Deadly force is okay to Deadly force okay if

prevent ay felony and substantial risk that
deadly force is reasonably suspect will cause death or
necessary. s.b.i. To another (or has
Narrow/Majority view - only already) and deadly force
for atrocious/forcible present no risk to
felonies bystanders.

Necessity/Justification Clear and imminent If it is necessary, chose

danger, reasonable person lesser evil, no legislative
think that action effective intent to exclude your
to abate danger, no legal choice, no imminency req.,
alternative, choose lesser no clean hands req., no
evil, lawmakers must not natural forces req.
have anticipated situation,
clean hands, natural force
(some), not for homicide
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Duress/Excuse Human threat (kill or s.b.i.) Human threat, unlawful

Reasonable believes force, person or
threat, threat is present reasonable firmness been
imminent impending, no unable to resist threat of
reasonable escape, clean death or s.b.i., unavailable
hands, no defense to if recklessly in situation but
intentional killing but could ok for negligently.
be mitigation to
manslaughter

Mens Rea Actus Reus Merger Defenses Misc

Attempt CL- Specific CL - Yes CL - hybrid Tests-

intent substantial legal unequivocall
MPC - step beyond imposs., y
Purposely mere abandonme Dangerous
or knowingly preparation. nt (only in proximity
(complete MPC- some)
attempt) substantial Legal
step, impossibility
conduct MPC-pure
strongly legal
corroborativ imposs.,
e of crim. abandonme
purpose nt
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Solicitation CL- specific CL- Yes CL - no CL - solicitor

intent communicat defense cannot
MPC- ed MPC - commit
purpose solicitation abandonme crime
MPC- solicit nt (try to himself
to stop crime)
commit/atte
mpt crime,
uncomm. ok
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Conspiracy CL- dual CL- CL- no CL- CL-plurality

intent, agreement, MPC- Yes whartons MPC-
Purpose or crimes +, no unless rule, unilateral
infer from overt act conspiracy legislative CL -
knowledge MPC- has exemption, Pinkerton
MPC agreement uncommitte Abandonme (within
-purpose to crime d crimes nt (for future scope and
only only, overt liability) foreseeable
acts (except MPC- consequenc
1st/2nd Fs) abandonme e)
nt (stop MPC-must
crime) be
legislative accomplice
exemption of crime or
not liability
-->
conspiracy

Accomplice CL- dual CL-must in N/a CL- CL-natural

intent (or fact aid, any abandonme and
just have aid suffices nt (must probable
mental state MPC-any neutralize) consequenc
for crime) aid, even if Legis. es, non-
MPC- ineffectual Exemption proxyable
purpose (Attempt to MPC-victim, offenses,
aid, inevitable MPC rejects
agreeing to incident, both.
aid abandonme
nt (must
neutralize)
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Murder CL def- CL degrees Mens rea: Actus: Defenses:

Common intentional intentional
law killing of Involuntary Malice killing by Self defense
human mans aforethough another
being by t- intent ot human Diminished
another Voluntary kill being capac-?
human man - intent to
being with ocmmit Insanity
malice griev bodily
aforethgout injury Adequate
h -abandoned provacation
or malig in heat of
heart passion
- depraved
heart
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Murder Criminal MPC Mens rea: Actus reus: Defenses:

MPC homicide DEGREE- included in causing
when definiton death of Justification:
commited Murder another Necessity
purposely, felony of human Self defense
knowingly, first degree being Law
or extreme through enforcement
recklessnes voluntary Defense of
s committed act another
under Duress
circum 2:01(1)-
manifesting voluntary Excuse:
extreme act Theories
indiff to 2:02-pkrn Involuntary
human life intoxication-
lacks
substantial
capacity to
conform
conduct to
law

Insanity:
4:01- mental
disease or
defect
excluding
responsibilit
y-

EMED:
extreme
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Attempt CL- Specific CL - Yes CL - hybrid Tests-

intent substantial legal unequivocall
MPC - step beyond imposs., y
Purposely mere abandonme Dangerous
or knowingly preparation. nt (only in proximity
(complete MPC- some)
attempt) substantial Legal
step, impossibility
conduct MPC-pure
strongly legal
corroborativ imposs.,
e of crim. abandonme
purpose nt
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Voluntary Definition:un Actus: Rule of Mens rea: Needed- old

Manslaught lawful provocation: intent to kill- cl
er- CL intentional See def Adequate purposefully 1. witnessed
homicide provacatoin/ & seduction of
committed heat of knowingly- wife
w/o malice passion/no 2. seduction
aforethough cool down of daughter
t- time/intentio 3. or receive
concession nal killing/no severe
to frailty of malice battery
human
nature Cool down
D compared time=short
to All needed
reasonable to get this
person - WORDS
NEVER
ENOUGH

Invonluntary Def: Actus: see Mens rea- Tests-

manslaught unlawful def- negligece/m unequivocall
er- CL killing of unlawful isdeamnor y
another killing of murder rule- Dangerous
human human if osmoene proximity
without dies during
malice commission
aforethough of
t misdeamen
or
 Defense Non-MPC MPC

Self Defense Proportional, human Immediately Necessary

threat, unlawful, imminent, (rather than imminent)
necessary, and have an Subjective belief (no
honest and reasonable reasonable requirement)
belief. Retreat Rule (complete
No retreat rule, Aggressor safety)
Limit, case doctrine, Imperfect SD (reckless or
imperfect SD (didn’t retreat negligence crime instead)
or unreasonable)

Manslaught Def: CL - Mens rea-

er: MPC substantial recklessly
Reckless/E step beyond
MD mere Recklessly:
preparation. taking a
MPC- substantial
substantial and
step, unjustified
conduct risk
strongly
corroborativ
e of crim.
purpose

CL- Specific CL - Yes CL - hybrid Tests-

intent substantial legal unequivocall
MPC - step beyond imposs., y
Purposely mere abandonme Dangerous
or knowingly preparation. nt (only in proximity
(complete MPC- some)
attempt) substantial Legal
step, impossibility
conduct MPC-pure
strongly legal
corroborativ imposs.,
e of crim. abandonme
purpose nt
RAPE at CL sexual Actus- see Mens rea: Defenses:
intercourse def see def
by a man implied Mistake of
with a resistance fact
woman- not requirment GENERAL (consent)
his wife sometimes INTENT
against her needed to CRIME Insanity
will prove lack
of consent- Duress
threat of verbal is
force or enough
force
suffiicne-but blackstone-
a type of carnal
force knowledge
required of a woman
forcibly and
against her
will
RAPE- MPC Definition: Actus: see Mens: Defenses: Tests-
male who def PKRN unequivocall
has secual Mistake of y
intercourse GENERAL fact Dangerous
with female INTENT regarding proximity
not his wife consent
is guilty of
rape if 1. He Mental
compels her disease or
to submit by defect
force, threat
of imminent Duress
death,
seriously Consent- if
bodily injury, you later
extreme prove she
pain or was lying
kidnapping-
on anyone

OR

He
substantially
impaired her
power to
control her
conduct by
drugs
without her
knowledge

OR
Female is
unconscious

OR
Less than
10 yrs old
Gross Definition: Provides a
sexual lessor
imposition- degree of
MPC liabilty-
felony in the
3rd degree

MCNaughte Def: person Jurisdiction:

n Rule- CL- by reason of
developed defect of the Some states
in response mind or require
to mental MCNAUGH
mcnaughten disease: TEN + =
attempting ireestible
to kill did not impulse
member of know nature test- which
parliament and quality is volitional-
of his act doesn’t
28 states need to be
use this- OR spur of
MAJORITY (cognitive) moment-
Or if he did can build to
knw nature it- (test- if
and quality there was
of his act he cop there
didn’t know and u still
that the act did it- its
was wrong- irrestible
MORAL test)
VIEW
Wrong-
legal wrong
or moral
wrong
Mental Definition: at - criminality CL - hybrid Tests-
disease or time of OR legal unequivocall
defect- MPC conduct as wrongfulnes imposs., y
result of s- each abandonme Dangerous
MINIORITY mental jurisdiction nt (only in proximity
disease or picks only some)
defect he one Legal
lacks sub impossibility
capacity to MPC-pure
either legal
appreciate imposs.,
criminality abandonme
or nt
(wrongfulne
ss) OR

To conform
his conduct
to
requirement
s of law

DIM CAP- Def: 1. Mens rea 2. D offers Defense: VERY FEW

CL form: dim cap STATES
2 forms: evidence to Failure of RECOG
D offers dmi show that proof- used DIM CAP-
cap even if he in mens rea happened
evidence to did have form after twinkie
show he mens rea- defense
couldn’t should be
form the partially
require excused
mens rea-
INFANCY- Def: Modern CL:
CL Old CL
7 & below- Most states
no liability- have
conclusively juvenile
presumed to courts and
lack criminal statutes
capacitty have taken
care of this-
7- 14- heavy
rebuttably emphasis
presumed to on
lack criminal rehabilitatio
capacity n

14 & up-
fully
responsible

INFANCY- A persona
MPC 4:10 shall not be
tried or
convicted if
at the time
of conduct
would be
less than 16
yrs of age
by an adult
court-
juvenile
court is
exclusive
jurdisdictoin

**CONCEP
T OF
WAIVER
STATUTES-
VOLUNTAR CL: Not a HEAVILY Attemped
Y defense DISFAVOR murder:
NTOXICATI unless ED need
ON: CL & The crime specific
MPC was specific intent so
intent and to voluntary
the extent it could be
negates used as a
mens rea- defense to
this

INVOLUNT CL & MPC: MPC: Involuntary

ARY ways to Same intoxication
INTOXICATI become language as negates
ON: CL & involuntarily insanity- mens rea
MPC -intoxicated: and applies
-coerced the same as
- insanity
pathological
innocent
-mistake
-drug
reaction
Larceny- CL Def: Custody v. Mens rea: Actus reus: Types:
tresspatory constructive intent to stealing
taking possession steal 1. trick- in
(caption) order to get
and carrying o someone
away to give u
(asportation property u
) of personal commit
property of fraud or
another with deceit
intent to 2.
steal ie. continuing
Permanentl trespass
y deprive rule-
other party tresspasory
of something
posession w/o intent to
steal its still
larceny if u
decided to
take it away
later

THEFT: Def: Mens rea: Actus: MPC: there

MPC unlawful Purpose to unlawful is theft of
taking or deprive him taking movable
exercising therefore- property
unlawful PKR
control over CL- no
movable stealing of
property of movable
another with property
purpose to
deprive
them
thereof
BURGLARY Elements: Mens rea:
: CL -breaking intent to
act commit
-entering act felony
-dwelling therein
house
-of another
-at night
-with intent
to commite
felony
therein

BURGLARY Elements: evidence Mens rea: Affirmative

: MPC intent to must show purpose to defense:
enter a that they crime building or
building or entered therein structure
structure specifically abandoned
occupied to commit
with crime SECOND
purpose to DEGREE IF
commit BURGLAY- U SHOW
crime FELONY UP AT
therein OF THIRD NIGHT OR
unless open DEGREE IF U HURT
to public or SOMEBOD
u have Y OR HAVE
license A WEAPON

ROBBERY: theft or larceny plus force or threat of force

Duress: use of or threat to use unlawful threat- isn’t avilable if you recklessly place
yourself in situation or negligently place yourself in sitation, reasonable firmness

Insanity for mpc: suffering form mental disease such that he lacks sub capacity to
appreciate criminality (wrongfulness) of his conduct OR To conform conduct to
requiriment of law

EMED- MPC: extreme mental/emotional dif, reasonabl explanation or excuse-

subjective view/objective view- provides lessor degree of liability-
Mistake of fact not available in negligent or reckless use of force:

Attempt tests:

1. last act: criminal believes he has performed she believe were neccessaru to
commit target offense
2. physical proximity test: actor has it withihni her power to commit the crime almost
immediately- does require that the victim be on the scene
3. dangerous proximity test: 3 parter- oliver windel homes-
a. how closr tey are physically to commiting it
b. how close they are temporally to committing it
c. danger of the crime
4. indispensable element: there is no attempt is the actor has not obtained some
indispensable feature of the criminal plan
5. probable desistance test: the actor has committed an attempt if they reached a
point where it is unlikely that they would have “voluntarily desisted from his effort
to commit his crime”
6. unequivocality (res ipsa): person conduct standing alone unambigulously
manifests criminal intent- objective standard

ATTEMPT: MPC: look up in slide- PG 992- IN BOOK LOOK UP SLIDE TOO!

**MPC doesn’t use probable desistance but :renunciation of criminal purpose