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CRIM – ATTACK OUTLINE

□ Excuse Defenses
 ACTUS REUS o Duress (“I had no choice”)
 Voluntary Muscular Contraction o Intoxication (Voluntary & Involuntary)
 Omission (SCARS) o Competency to Stand Trial
 MENS REA o Insanity (3 Tests)
 Common Law  M’Naughten, Parsons, Durham
o Intentionally o Diminished Capacity
o Knowingly / WB o Infancy
o Recklessly □ Failure of Proof
o Negligently □ MoF/MoL
□ Offense Modification
 MPC
□ Non Exculpatory Public Offense
o Purposely
INCHOATE OFFENSES
o Knowingly / WB □ Solicitation
o Recklessly □ Accomplice Liability
o Negligently □ Conspiracy
 Strict Liability (PRISM) o MPC (Only bilateral)
 CAUSATION o CL (Unilateral or bilateral)
 Actual / But For o Pinkerton Doctrine
 Proximate (6 tests) o Wharton’s Rule
HOMICIDE □ Attempt (6 Tests)
□ Common Law □ Defenses
o 1st Degree o Impossibility
o 2nd Degree o Abandonment
o Heat of Passion (Vol. Mans.) ACCOMPLICE LIABILITY
□ MPC
o Involuntary Mans.
□ CL
□ MPC
RAPE
o Murder
□ MPC
o Manslaughter
□ CL
 Reckless
OTHER CRIMES
 EMED
□ Burglary
o Criminally Negligent Hom.
□ Larceny
□ Felony Murder □ Arson
o CL □ Receipt of Stolen Property
o MPC (?) □ Battery
o Limitations (4) □ False Imprisonment
DEFENSES □ Assault
□ Mistake of Fact / Mistake of Law (Chart) □ Robbery
□ Justification Defenses □ Kidnapping
o Self Defense (CL & MPC)
o Defense of Others
o Defense of Property
o Defense of Habitation (3 Jurisdictions)
o Law Enforcement
o Necessity (“Best choice”)

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