Defense Self Defense

Non-MPC Proportional, human threat, unlawful, imminent, necessary, and have an honest and reasonable belief. No retreat rule, Aggressor Limit, case doctrine, imperfect SD (didn’t retreat or unreasonable) Intervenor must be correct (or reasonably appear justified), other person’s shoes doctrine Deadly force okak if reasonable necessary, offense must be a forcible felony, must give notice of arrest and must be correct (mistake no excuse) Deadly force is okay to prevent ay felony and deadly force is reasonably necessary. Narrow/Majority view - only for atrocious/forcible felonies Clear and imminent danger, reasonable person think that action effective to abate danger, no legal alternative, choose lesser evil, lawmakers must not have anticipated situation, clean hands, natural force (some), not for homicide

MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) Subjective belief, must be proportional response, believe other is justified in self defense and believe intervention is necessary Deadly force never available to private persons. Only for police if for a felony, no risk to bystanders and there is a substantial risk to others if arrest is delayed Deadly force okay if substantial risk that suspect will cause death or s.b.i. To another (or has already) and deadly force present no risk to bystanders. If it is necessary, chose lesser evil, no legislative intent to exclude your choice, no imminency req., no clean hands req., no natural forces req.

Defense of others

Effectuation of Arrest

Crime Prevention

Necessity/Justification

.b. imperfect SD (didn’t retreat or unreasonable) Human threat (kill or s. abandonme nt Misc Testsunequivocall y Dangerous proximity .Specific intent MPC Purposely or knowingly (complete attempt) Actus Reus CL substantial step beyond mere preparation. unavailable if recklessly in situation but ok for negligently. no reasonable escape. clean hands. abandonme nt (only in some) Legal impossibility MPC-pure legal imposs. conduct strongly corroborativ e of crim. MPCsubstantial step.Defense Self Defense Non-MPC Proportional..b. unlawful. human threat. threat is present imminent impending. no defense to intentional killing but could be mitigation to manslaughter MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) Human threat.i.) Reasonable believes threat. case doctrine. necessary.i. unlawful force. Aggressor Limit. purpose Merger Yes Defenses CL . Duress/Excuse Mens Rea Attempt CL. person or reasonable firmness been unable to resist threat of death or s. No retreat rule. and have an honest and reasonable belief.hybrid legal imposs.. imminent.

unlawful.specific intent MPCpurpose CLcommunicat ed solicitation MPC. human threat. case doctrine. imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) CL . No retreat rule. and have an honest and reasonable belief. necessary.solicitor cannot commit crime himself Solicitation CL. uncomm.no defense MPC abandonme nt (try to stop crime) CL .Defense Self Defense Non-MPC Proportional. ok Yes . Aggressor Limit.solicit to commit/atte mpt crime. imminent.

unlawful. and have an honest and reasonable belief.Yes unless conspiracy has uncommitte d crimes Accomplice CL. necessary. MPC rejects both. Abandonme nt (for future liability) MPCabandonme nt (stop crime) legislative exemption CL-plurality MPCunilateral CL Pinkerton (within scope and foreseeable consequenc e) MPC-must be accomplice of crime or not liability --> conspiracy CL-natural and probable consequenc es.dual intent.dual intent (or just have mental state for crime) MPCpurpose CL-must in fact aid. Purpose or infer from knowledge MPC -purpose only CLagreement. inevitable incident. Conspiracy CL. No retreat rule. legislative exemption. even if ineffectual (Attempt to aid. any aid suffices MPC-any aid. abandonme nt (must neutralize) . crimes +. Aggressor Limit. human threat. imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) CLwhartons rule. nonproxyable offenses. imminent. Exemption MPC-victim. agreeing to aid N/a CLabandonme nt (must neutralize) Legis. overt acts (except 1st/2nd Fs) CL. case doctrine.Defense Self Defense Non-MPC Proportional.no MPC. no overt act MPCagreement to crime only.

intent to ocmmit griev bodily injury -abandoned or malig heart .intent ot kill . No retreat rule. unlawful.depraved heart . case doctrine. human threat. imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) Actus: intentional killing by another human being Defenses: Self defense Diminished capac-? Insanity Adequate provacation in heat of passion Murder Common law CL defintentional killing of human being by another human being with malice aforethgout h CL degrees Involuntary mans Voluntary man Mens rea: Malice aforethough t. necessary. and have an honest and reasonable belief. imminent.Defense Self Defense Non-MPC Proportional. Aggressor Limit.

imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) Actus reus: causing death of another human being through voluntary act 2:01(1)voluntary act 2:02-pkrn Defenses: Justification: Necessity Self defense Law enforcement Defense of another Duress Excuse: Theories Involuntary intoxicationlacks substantial capacity to conform conduct to law Insanity: 4:01. imminent. necessary. and have an honest and reasonable belief.Defense Self Defense Non-MPC Proportional. No retreat rule.mental disease or defect excluding responsibilit yEMED: extreme Murder MPC Criminal homicide when commited purposely. case doctrine. human threat. or extreme recklessnes s committed under circum manifesting extreme indiff to human life MPC DEGREEMurder felony of first degree Mens rea: included in definiton . knowingly. unlawful. Aggressor Limit.

and have an honest and reasonable belief. abandonme nt (only in some) Legal impossibility MPC-pure legal imposs. human threat. MPCsubstantial step. purpose Yes . necessary. case doctrine..hybrid legal imposs.Defense Self Defense Non-MPC Proportional. conduct strongly corroborativ e of crim.Specific intent MPC Purposely or knowingly (complete attempt) CL substantial step beyond mere preparation. imminent. No retreat rule. abandonme nt Testsunequivocall y Dangerous proximity Attempt CL. Aggressor Limit. imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) CL . unlawful..

Aggressor Limit. human threat. and have an honest and reasonable belief. unlawful.CL Definition:un Actus: lawful intentional See def homicide committed w/o malice aforethough tconcession to frailty of human nature D compared to reasonable person Rule of provocation: Adequate provacatoin/ heat of passion/no cool down time/intentio nal killing/no malice Cool down time=short All needed to get this . seduction of daughter 3. witnessed seduction of wife 2.WORDS NEVER ENOUGH Mens reanegligece/m isdeamnor murder ruleif osmoene dies during commission of misdeamen or Invonluntary manslaught er.old cl 1. imminent. or receive severe battery Voluntary Manslaught er. case doctrine. No retreat rule. necessary. imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) Mens rea: intent to killpurposefully & knowinglyNeeded.CL Def: unlawful killing of another human without malice aforethough t Actus: see defunlawful killing of human Testsunequivocall y Dangerous proximity .Defense Self Defense Non-MPC Proportional.

MPCsubstantial step. human threat.hybrid legal imposs.Defense Self Defense Non-MPC Proportional.. and have an honest and reasonable belief. abandonme nt Testsunequivocall y Dangerous proximity . purpose Mens rearecklessly Recklessly: taking a substantial and unjustified risk CL. conduct strongly corroborativ e of crim. conduct strongly corroborativ e of crim.Specific intent MPC Purposely or knowingly (complete attempt) Yes CL . MPCsubstantial step. case doctrine. Aggressor Limit. purpose CL substantial step beyond mere preparation. abandonme nt (only in some) Legal impossibility MPC-pure legal imposs. necessary.. unlawful. imminent. imperfect SD (didn’t retreat or unreasonable) MPC Immediately Necessary (rather than imminent) Subjective belief (no reasonable requirement) Retreat Rule (complete safety) Imperfect SD (reckless or negligence crime instead) Manslaught er: MPC Def: Reckless/E MD CL substantial step beyond mere preparation. No retreat rule.

see def resistance requirment sometimes needed to prove lack of consentverbal is enough blackstonecarnal knowledge of a woman forcibly and against her will Mens rea: see def implied GENERAL INTENT CRIME Defenses: Mistake of fact (consent) Insanity Duress .RAPE at CL sexual intercourse by a man with a woman.not his wife against her will threat of force or force suffiicne-but a type of force required Actus.

seriously bodily injury. extreme pain or kidnappingon 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 Mens: PKRN GENERAL INTENT Defenses: Mistake of fact regarding consent Mental disease or defect Duress Consent. threat of imminent death. He compels her to submit by force.if you later prove she was lying Testsunequivocall y Dangerous proximity .MPC Definition: Actus: see male who def has secual intercourse with female not his wife is guilty of rape if 1.RAPE.

CLdeveloped in response to mcnaughten attempting to kill member of parliament 28 states use thisMAJORITY Def: person by reason of defect of the mind or mental disease: did not know nature and quality of his act OR (cognitive) Or if he did knw nature and quality of his act he didn’t know that the act was wrongMORAL VIEW Wronglegal wrong or moral wrong Jurisdiction: Some states require MCNAUGH TEN + = ireestible impulse test.which is volitionaldoesn’t need to be spur of momentcan build to it.(test.Gross sexual impositionMPC Definition: Provides a lessor degree of liabiltyfelony in the 3rd degree MCNaughte n Rule.if there was cop there and u still did it.its irrestible test) .

D offers dim cap evidence to show that even if he did have mens reashould be partially excused Defense: Failure of proof.. abandonme nt (only in some) Legal impossibility MPC-pure legal imposs.used in mens rea form VERY FEW STATES RECOG DIM CAPhappened after twinkie defense .each jurisdiction picks only one CL .MPC conduct as result of MINIORITY mental disease or defect he lacks sub capacity to either appreciate criminality or (wrongfulne ss) OR To conform his conduct to requirement s of law DIM CAPCL Def: 2 forms: .criminality OR wrongfulnes s. abandonme nt Testsunequivocall y Dangerous proximity 1.hybrid legal imposs. Mens rea form: D offers dmi cap evidence to show he couldn’t form the require mens rea- 2..Mental Definition: at disease or time of defect.

14heavy rebuttably emphasis presumed to on lack criminal rehabilitatio capacity n 14 & upfully responsible INFANCYMPC 4:10 A persona shall not be tried or convicted if at the time of conduct would be less than 16 yrs of age by an adult courtjuvenile court is exclusive jurdisdictoin **CONCEP T OF WAIVER STATUTES- .INFANCYCL Def: Old CL 7 & belowno liabilityconclusively presumed to lack criminal capacitty Modern CL: Most states have juvenile courts and statutes have taken care of this7.

VOLUNTAR Y NTOXICATI ON: CL & MPC CL: Not a HEAVILY defense DISFAVOR unless ED The crime was specific intent and to the extent it negates mens rea- Attemped murder: need specific intent so voluntary could be used as a defense to this Involuntary intoxication negates mens rea INVOLUNT ARY INTOXICATI ON: CL & MPC CL & MPC: ways to become involuntarily -intoxicated: -coerced pathological innocent -mistake -drug reaction MPC: Same language as insanityand applies the same as insanity .

no stealing of movable property .Larceny.CL Def: Custody v. tresspatory constructive taking possession (caption) and carrying away (asportation ) of personal property of another with intent to steal ie.in order to get o someone to give u property u commit fraud or deceit 2. trick. continuing trespass ruletresspasory something w/o intent to steal its still larceny if u decided to take it away later THEFT: MPC Def: unlawful taking or exercising unlawful control over movable property of another with purpose to deprive them thereof Mens rea: Purpose to deprive him thereforePKR Actus: unlawful taking MPC: there is theft of movable property CL. Permanentl y deprive other party of posession Mens rea: intent to steal Actus reus: stealing Types: 1.

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.isn’t avilable if you recklessly place yourself in situation or negligently place yourself in sitation. reasonabl explanation or excusesubjective view/objective view.BURGLARY : CL Elements: -breaking act -entering act -dwelling house -of another -at night -with intent to commite felony therein Elements: intent to enter a building or structure occupied with purpose to commit crime therein unless open to public or u have license evidence must show that they entered specifically to commit crime BURGLAYFELONY OF THIRD DEGREE Mens rea: intent to commit felony therein BURGLARY : MPC Mens rea: purpose to crime therein Affirmative defense: building or structure abandoned SECOND DEGREE IF U SHOW UP AT NIGHT OR IF U HURT SOMEBOD Y OR HAVE A WEAPON ROBBERY: theft or larceny plus force or threat of force Duress: use of or threat to use unlawful threat.MPC: extreme mental/emotional dif.provides lessor degree of liability- .

indispensable element: there is no attempt is the actor has not obtained some indispensable feature of the criminal plan 5.does require that the victim be on the scene 3. dangerous proximity test: 3 parter.objective standard ATTEMPT: MPC: look up in slide. how closr tey are physically to commiting it b.PG 992. physical proximity test: actor has it withihni her power to commit the crime almost immediately. last act: criminal believes he has performed she believe were neccessaru to commit target offense 2. 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.oliver windel homesa.Mistake of fact not available in negligent or reckless use of force: Attempt tests: 1. danger of the crime 4. how close they are temporally to committing it c.IN BOOK LOOK UP SLIDE TOO! **MPC doesn’t use probable desistance but :renunciation of criminal purpose .

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