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Black Letter Law Grid - Criminal Law Study Guide - Quick Reference Law School Guide

Black Letter Law Grid - Criminal Law Study Guide - Quick Reference Law School Guide

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Published by JJ850
Quick reference black letter law guide for law school criminal law study or open notes exams.
Quick reference black letter law guide for law school criminal law study or open notes exams.

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Published by: JJ850 on May 10, 2008
Copyright:Public Domain

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12/16/2014

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MPC MPC MPC MPC MPC
ComplicityConspiracy
[merges]
Attempt
[merges]
Solicitation
[merges]
AR:-Aid OR attempt to aidMR: Purpose to aid in the completionof crime-Conduct: Purpose-Circumstances: Purpose-Results: Same as principleDEFENSES:-Withdrawal: (off the hook for thecrime)-Must neutralize effect of aid,OR -Provide proper effort to preventcrime-AR (2):1. Unilateral or Bilateral Agreement to commitor assist commission of a crime2. Over act (Only for NON-serious crime)-MR: Purpose of facilitating/promoting crime-Conduct: Purpose-Result: Purpose-Circumstance: PurposeSCOPE:-with whom was there an agreement with purposeDEFENSES:-Abandonment: (off hook for conspire And crime)-Must thwart success-Must be complete and voluntary-Withdrawal: (Starts statute of limitations)-Notice to all conspirators, reasonably adequate-AR:-Substantial step stronglycorroborative of criminal purpose-List of possible acts-MR:-Conduct: Purpose-Circumstances: Same ascompleted crime-Results: PurposeDEFENSES:-Abandonment: (off thehook for attempt)-Must be complete-Must be voluntaryAR:-Command, encouragement,request to commit, attemptor assist in a crime-NEED NOT REACHSOLICITEEMR:-Purpose to all elements(VIA Innocent agent =completed crime or attempt)DEFENSES:-Abandonment: (off thehook for solicitation)-Must prevent crime’scommission-Must be complete andvoluntary
Self/Others DefenseDuressNecessityInsanity
Must Believe:-Immediately necessary-Protect against unlawful forceIf belief is wrong = on hook with recklessmanslaughter or negligent homicideDeadly Force okay when:-Believes necessary to preventdeath/SBI/kidnapping/rape-Unlawful escalation to deadly forceRetreat; must when:-Know that you can retreat to completesafety (rare)Others:Must believe other had the right to self-defense Must:Coerced by an unlawful threat thata person of reasonable firmness inDF’s situation would have beenunable to resistException:-If recklessly got yourself into situ.-“Lesser of Evils” Choice:-Believe conduct nec. to avoidgreater harm to self or others.-No CL limitations:-need not be imminent-can be human/non-human-not restricted to death/SBI-Available if self-createdrecklessly, but still on hook for reckl/neg crimesMental disease or defect causingsubstantial inability to:Cognitive:Unable to apprec. WrongfulnessOR Volitional:Unable to conform behavior tothe law.
EntrapmentIntoxicationInterpretationHomicideRape
-Objective:Look at what Govdid; would it cause areasonable person tocommit the crime.Purpose/Knowledge: Negates MR Reckless:Does not negate MR,unless wouldn’t have been reckless sober. Negligent:Does not negate MR,as negligence is based onreasonable person.Default is RecklessRead MR word forwardAR: Causing the death of another Types:-Murder: Purposeful-EIVHL: Between purpose andreck. (only for murder)-Manslaughter:-Reckless; OR -Extreme EmotionalDisturbance mitigation(otherwise would have been murder) [reasonableexplanation for EED in D’ssituation?]-Negligent Homicide: Negligence Non-Consent (GI):-What a reasonable personwould interpret as non-consentForce (GI):-Physical force or what areasonable person wouldinterpret as constructive force
Causation
-Proximate cause if what DF thought or should have thoughtwould happen,happened-UNLESS caused byunusual or unexpected causalmechanisms

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