Glossary of Criminal Law, MPC

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MPC 1.13(2): What is "act" or "action"
Bodily movement whether voluntary or involuntary
MPC 1.13(9): What is "element of an offense"?
(i) conduct or (ii) attendant circumstances or (iii) a result of conduct [there is more to it in the book]
MPC 1.13(10): What is "material element of an offense"?
Basically the elements that the actor is culpable for (like, not jursidiction, etc...)
MPC 1.13(11): Synonyms for "purposely"
"with purpose", "design"
MPC 1.13(12): What is "intentionally"
The same as purposely
MPC 1.13(16): What is "reasonably believes"
A belief which the actor is not reckless or negligent in holding
MPC 2.01: What are key elements actus under MPC?
Voluntary, omissions, knowing possession
MPC 2.01: What are the four involuntary acts under MPC?
1) Reflex/convulsion, 2) unconscious/sleep, 3) hypnosis, 4) any other that isn't your determined effort
MPC 2.02: What are the four levels of mens rea under MPC?
Puposely, knowingly, recklessly, negligently
MPC 2.02: What is the key phrase for knowingly?
Practically certain that his conduct will cause a result
MPC 2.02: What is reckless?
Consciously disregarding a substantial and unjustifiable risk... a gross deviation from standard of conduct
MPC 2.02: What is negligent?
Should be aware of a substantial and unjustifiable risk... involves a gross deviation from standard of care of reasonable person
MPC 2.02(3): What is the lowest level of mens rea when not specified?
MPC 2.02(6): Does conditional intent fall under MPC?
MPC 2.02(8): What is the equivalent of "willfull"?
MPC 2.02(7): What is "high probability"?
If knowledge of a fact is an element, it will be established if aware of high probability, unless you believed it didn't exist
MPC 2.04(1): When is mistake of fact or law a defense?
If ignorance/mistake negatives mens rea element
MPC 2.04(2): When is mistake of fact or law not a defense?
If situation as D supposed leads to D guilty of a different crime, then reduced grade of charged crime
MPC 2.04(3): When does ignorance of law provide a defense?
1) not reasonably availabe prior to offense or 2) official reliance
MPC 2.04(3)(b): What qualifies as official reliance defense?
Rely on official statement determined inaccurate in (i) statute, (ii) judicial decision, (iii) admin. order, (iv) official interp.
MPC 2.06(2): Comlicity, when are you accountable for another?
1) You cause innocent person to commit crime (w/ your mens rea), 2) statute makes you liable, or 3) accomplice
MPC 2.06(3): What is the key term for accomplice liability?
You act with "pupose of promoting or facilitating the comission of the offense"
MPC 2.06(3)(a): What are three acts to being an accomplice?
1) solicit someone to commit, 2) aid, agree, or attempt to aid in planning or committing, 3) if you legal duty you do not make proper effort
MPC 2.06(6): Can a victim of the offense be complicit?
MPC 2.06(6): How do you terminate complicity?
Prior to commission: 1) remove the effectiveness of my actions, 2) give timely notice to authorities or try to stop crime yourself
MPC 2.08(1): Is intoxication a defense?
Only if it negatives an element of the offense
MPC 2.08(2): If reckleness establishes an element how is intoxication treated?
Then self induced intoxication is not a defense
MPC 2.09(1): What is duress defense?
Affirmative defense: coerced to commit by force or threat which "person of reasonable firmess" could not resist
MPC 2.09(2): When is duress not available as a defense?
If you recklessly put yourself in a situation where duress is probable. If crime has negligence standard, then negligently putting yourself in same position would qualify as well
MPC 2.13(1): What qualifies as entrapment (briefly)?
1) making statements that make D think it is not illegal or 2) persuasion that would tempt people who aren't ready to commit
MPC 3.02: When is the choice of evils defense available?
The harm or evil sought to be avoided is greater than that sought to be prevented by the law
MPC 3.02(2): When is coice of evils defense not available?
If you recklessly or negligently put youself in a situation when you have to make the choice
MPC 3.04: When is use of force justifiable for self protection?
If D believes such force is immediately necessary for pretection
MPC 3.04(2): When is use of force (non deadly) not allowed?
Resisting arrest or resisting force when someone is trying to protect their property from you
MPC 3.04(2): When is deadly force justifiable?
Protecting yourself from death, serious bodily harm, kidnapping, or sexual intercourse
MPC 3.04(2): When is deadly force not justifiable?
When you provoked the use of force, when you can retreat (except from your home or work)
MPC 3.06(1): When can I use force to protect property?
1) to prevent trespass or removal of property or 2) retake property (only in pursuit and other person has no claim)
MPC 3.06(3): When can I not use force to protect property?
1) I must ask them to stop (w/ some conditions) and 2) allow trepassers through if it would be dangerous to them to not be allowed
MPC 3.06(3): What about deadly force to protect property?
Not justified unless: a) someone tries to take your home or b) they are using deadly force
MPC 3.07(1): When is force not allowed by police?
a) actor must make reason for arrest known and b) valid warrant
MPC 3.07(2)(b): What are limitations on use of deadly force by police?
a) arrest must be for a felony, b) the crime is deadly force or substantial risk if apprehension delayed
MPC 3.09: Is ignorance a defense if you use force incorrectly?
MPC 3.11: What does "dwelling" mean?
Any building or structor though movable or temporary, or a portion thereof, which is for the time being that actor's home or place of lodging
MPC 5.01(1): What is the definition of "attempt"
I have culpability for crime and a) engage in conduct that would have effect crime, b) if I try to cause a result element or c) I take a "substatial step"
MPC 5.01(2): What is a "substantial step" in attempt?
Conduct that is "strongly corroborative" such as lying in wait, enticing, reconnoitering, unlawful entry, possession, etc...
MPC 5.01(3): How do I establish myself as complicit in an attempt crime?
If I have conduct to assist as in 2.06 even if the crime isn't committed or attempted by the other person
MPC 5.01(4): How do I renounce a criminal attempt?
A complete and voluntary renunciation of criminal purpose
MPC 5.01(4): When is renunciation not available in attempt?
Not vountary if motivated by probably detection or apprehension. Not complete is just postponed.
MPC 210.0: What is "bodily injury"?
Physical pain, illness, or any impairment of physical condition
MPC 210.0: What is "serious bodily injury"?
A substantial risk of death or serious, permanent disfigurement, or protracted loss or impairement of the function of any member or organ
MPC 210.1: What is criminal homicide?
Purposely, knowingly, recklessly, or negligently causing death: murder, manslaughter, or negligent homicide
MPC 210.2: What is murder
Except 210.3(1)(b), 1) purposely or knowingly committing homicide or 2) extreme indifference to value of human life acting recklessly (presume in felony murder)
MPC 210.3: What is manslaughter?
Reckless homicide or murder under 210.2 when under influence of "extreme emotional disturbance" with a subjectively reasonable explanation
MPC 210.4: What is negligent homicide?
Criminal homicide committed negligently
MPC 2.11(1): What is the general statement on consent? (2 elements)
(1) It is a defense if it negatives an element or (2) precludes the evil/harm the statute sought to prevent
MPC 2.11(2): What are the two conditions under which I can give consent to bodily harm (2)?
(1) harm is not serious, (2) athletic contest. There is a third statement referring to Article 3 of MPC
MPC 2.11(3): What are some situations where consent can't be given by the victim?
(1) legally incompetent, (2) if you know they are unable to make choice (youth, infirmity, etc), (3) duress, force, deception
MPC 3.05(1): When am I allowed to use force to protect others (3)?
(1) If I am justified under 3.04 (self protection) or (2) the protected person would be justified and (3) believes intervention is necessary
MPC 3.06(5): When can I use a device to protect my property?
(1) it won't risk serious bodily harm, (2) it is subjectively reasonable to use it, (3) it is a simple device and you try to warn intruders
MPC <multiple>: When can I use confinement as force?
I can use it for property or for protection but only if I release the person as quickly as I can safely do it

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