Topic
CL
MPC
Notes/Cases
Actus Reus
-Required for all crimes
-Voluntary act: moral blameworthiness
-Excludes omissions, unless:
stat. duty, special relations, K duty, assumed care, creation of risk
-Includes possession
-Required for all crimes: 2.01
-Voluntary, omit legal duty, possession
1. Conduct: act
2. Result: consequences of D’s act
3. Circumstances: external conditions that must exist at the time of the conduct
Martin
Utter
Beardsley
Barber
Mens Rea
-Generally required for all crimes
-Transferred intent will suffice
-Specific Intent (Subj.):
1. D plans conduct not yet undertaken
2. D hopes past conduct will have a specific result
3. D knows that a specific result has occurred
-General Intent (Obj.):
1. D was reckless: aware of the risk
2. D was negligent: should have been aware of the risk
-Required for all crimes: 2.02(2)
a. Purpose: conscious objective desire for conduct and result; awareness, belief, or hope for circumstances
b. Knowledge: awareness for conduct and circumstances; awareness of practical certainty for results
c. Recklessness: D is aware of the risk that an element exists or will result
d. Negligence: D should be aware of the risk that an element exists or will result
Cordoba
Regina
Conley
Nations
Morris
Strict Liability
Public welfare offenses
Offenses that do not affect D’s criminality (light offenses)
Sex offenses that do not affect D’s immorality
Felony Murder
-1.04
“Crimes” require a mens rea, “violations” don’t
Crimes involve potential prison sentences
Violations involve fines or service
Cordoba
Staples
Garnett
Mistake and Mens Rea
-An honest mistake of fact is a defense to a specific intent crime if it negates the specific intent
-An honest and reasonable mistake of fact is a defense to a general intent
-A mistake of law is not a defense
-A mistake about the application of the law is not a defense if the mistaken meaning is controlled by criminal law
-A mistake of law might be a defense when
1. It is made in good faith
2. It is made in reliance on official authority
3. There is insufficient notice of the law
4. Rarely, if due diligence was exerted to find the law
-2.04
-A mistake of fact is a defense if it negates any mens rea requirement of the offense
-A mistake of fact is a defense if it establishes a state of mind that constitutes a defense
-A mistake of fact can lead to the commission of a lesser graded offense
-A mistake or ignorance of law is not a defense
-A mistake or ignorance about the application of law is not a defense
-A mistake of law might be a defense when
1. The definition of the defense allows such
2. The law is not reasonably made known
3. It is based on an official source listed and is not made negligently
Navarro
Cheek: an honest and unreasonable mistake of law did not negate the mens rea element
Marrero: reasonable relian
c. Vehicular: See invol. adding grossly negligent
-Conduct that would otherwise be murder is reduced to manslaughter if 210.3(1)
a. it is committed recklessly
b. it is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse as determined from the viewpoint of the actor*
-Manslaughter is a felony in the second degree
Girouard
Casassa
Unintentional Killings
-See above.
-Conduct that would otherwise be murder is reduced to negligent homicide if 210.4
1. the act was committed negligently
2. negligent homicide is a felony in the third degree
Berry
Hernandez
Williams
Felony Murder
(Ca.PC)
Felony + Killing = Murder
A murder which is committed in the perpetration of an arson, rape, carjacking, robbery, burglary, mayhem, kidnapping 189
Recklessness and indifference are presumed if the killing occurs in an attempt to commit, the commission of, or the flight from the attempt or commission of a robbery, rape, arson, burglary, kidnapping, or felonious escape 210.2(1)b
Stamp
Fuller
Burroughs
Smith
King
Bonner
