1Legality (MPC)
Purposes of governing definition of offenses: forbid conduct that is substantial harm to public interest, control people who are disposed to commit crimes, safeguard conduct that is not-guilty, fair warning of wrongful conduct, differentiate minor and serious offenses
- If too broad, construe to be in line with general goal of the provison
2Legality (CL)
Conduct must be specifically prohibited by the law prior to punishment
- lenity applies if statute is still vague after using statutory construction tools
3AR: Voluntary Act (MPC)
not guilty unless voluntary act/omission
-not voluntary: reflex, hypnosis, sleepnconsciousness, a bodily movement not a determination of the actor conscious or habitual
4AR: Voluntary Act (CL)
physical or external part of the crime, must be conscious and volitional, must intend to do it
5Omissions (MPC)
Only liable for an omission if the omission is expressly made sufficient for the offense OR duty to perform the omitted act is otherwise imposed by law
6Omissons (CL)
5 Legal Duties
- statutory
- status relationship
- contractual
- voluntary assumed care (that stops others from caring)
- person creates risk or harm
7MR (MPC)
4 types: Purposely, Knowingly, Recklessly, Negligently
P: conscious objective, sincerely hopes
K: practically certain his conduct will cause such a result
R: consciously disregards a substantial and unjustifiable risk that a reasonable person would not risk
N: should be aware of substantial and unjustifiable risk, gross deviation from standard of care of a reasonable person.
8MR (CL)
intent: conscious objective to accomplish result
General Intent: any mental state, not specific mens rea defined
Specific Intent: MR is expressly set out, higher more morally culpable intents, special mental element
9Transferred Intent (MPC)
only responsible for the crime if the injury was too remote to have a just bearing on the actor's liability
10Transferred Intent (CL)
Intent is transferrable, society suffers the same harm, intent and action is enough (person to person or property to property)
11Strict Liability (MPC)
allowed only in case of violation (fines only)
12Strict Liability (CL)
only AR required, no MR. Needs to be expressly stated to be strict liability.
13Mistake of Fact (MPC)
is a defense if the ignorance/mistake negates the PKRN required for a material elements.
Not a defense if the def would be guilty of another offense if the situation had been an offense with the mistake being true
14Mistake of Fact (CL)
General: only good faith and reasonable
Specific: can be unreasonable if good faith
Strict: doesn't care
15Mistake of Law (MPC)
knowledge of law is not an element of an offense unless specifically mentioned.
Defense if: statute or other enactment has not been published or reasonable reliance on official statement of law
16Mistake of Law (CL)
Ignore no excuse except: FDR
failure of proof (can't prove MR), Due process, and reasonable reliance (must be an authoritative body)
17Causation (MPC)
Actual: only but-for test
Proximate: no such thing, unreasonable relationship/connection to the event/crime
18Causation (CL)
Actual: but-for, substantial factors test
Proximate: superceding causes, 6 intervening factors
196 intervening factors
Foreseeability, omission, de minimus, apparent safety, intended consequences, voluntary human intervention
20Concurrance
for a crime to have MR the crime needs to happen with the same time and motivation as the MR requires