MPC MPC MPC MPC MPC

Complicity Conspiracy [merges] Attempt [merges] Solicitation [merges]

AR:
-Aid OR attempt to aid
MR: Purpose to aid in the completion
of crime
-Conduct: Purpose
-Circumstances: Purpose
-Results: Same as principle
DEFENSES:
-Withdrawal: (off the hook for the
crime)
-Must neutralize effect of aid,OR
-Provide proper effort to prevent
crime
Self/Others Defense
Must Believe:
-Immediately necessary
-Protect against unlawful force
If belief is wrong = on hook with reckless
manslaughter or negligent homicide
Deadly Force okay when:
-Believes necessary to prevent
death/SBI/kidnapping/rape
-Unlawful escalation to deadly force
Retreat; must when:
-Know that you can retreat to complete
safety (rare)
Others:
Must believe other had the right to self-
defense
-AR (2): -AR: AR:
1. Unilateral or Bilateral Agreement to commit -Substantial step strongly -Command, encouragement,
or assist commission of a crime corroborative of criminal request to commit, attempt
2. Over act (Only for NON-serious crime) purpose or assist in a crime
-MR: Purpose of facilitating/promoting crime -List of possible acts -NEED NOT REACH
-Conduct: Purpose -MR: SOLICITEE
-Result: Purpose -Conduct: Purpose MR:
-Circumstance: Purpose -Circumstances: Same as -Purpose to all elements
SCOPE: completed crime (VIA Innocent agent =
-with whom was there an agreement with -Results: Purpose completed crime or
purpose attempt)
DEFENSES: DEFENSES: DEFENSES:
-Abandonment: (off hook for conspire And crime) -Abandonment: (off the -Abandonment: (off the
-Must thwart success hook for attempt) hook for solicitation)
-Must be complete and voluntary -Must be complete -Must prevent crime’s
-Withdrawal: (Starts statute of limitations) -Must be voluntary commission
-Notice to all conspirators, reasonably adequate -Must be complete and
voluntary
Duress Necessity Insanity
Must: -“Lesser of Evils” Choice: Mental disease or defect causing
Coerced by an unlawful threat that -Believe conduct nec. to avoid substantial inability to:
a person of reasonable firmness in greater harm to self or others.
DF’s situation would have been -No CL limitations: Cognitive:
unable to resist -need not be imminent Unable to apprec. Wrongfulness
Exception: -can be human/non-human OR
-If recklessly got yourself into situ. -not restricted to death/SBI Volitional:
Unable to conform behavior to
-Available if self-created the law.
recklessly, but still on hook for
reckl/neg crimes

Entrapment Intoxication Interpretation Homicide Rape

-Objective: Purpose/Knowledge: Default is Reckless AR: Causing the death of another Non-Consent (GI):
Look at what Gov Negates MR -What a reasonable person
did; would it cause a Read MR word forward Types: would interpret as non-
reasonable person to Reckless: -Murder: Purposeful consent
commit the crime. Does not negate MR, -EIVHL: Between purpose and Force (GI):
unless wouldn’t have reck. (only for murder) -Physical force or what a
been reckless sober. -Manslaughter: reasonable person would
-Reckless; OR interpret as constructive force
Negligent: -Extreme Emotional
Does not negate MR, Disturbance mitigation
as negligence is based on (otherwise would have
reasonable person. been murder) [reasonable
explanation for EED in D’s
situation?]
-Negligent Homicide:
Negligence

Causation
-Proximate cause if
what DF thought or
should have thought
would happen,
happened
-UNLESS caused by
unusual or
unexpected causal
mechanisms
 Common Law Common Law Common Law Common Law
Complicity Conspiracy Attempt Grading
AR: Physically or Psychologically Aid AR: Bi-lateral agreement of guilty parties AR: Step toward crime more than prep.
MR: MR: -Res Ipsa: What has been done?
-SI to aid in commission of crime -SI to agree -Proximity: What remains to be done?
-Same MR for elements of -SI for completion of crime Does it speak for itself?
underlying crime MR: Specific Intent for all elements
(stake in venture vs. knowledge) SCOPE: DEFENSES:
-Pinkerton: reasonably foreseeable -NONE – once you’ve passed the
SCOPE: crimes committed in furtherance by threshold, no unpassing it. No grading down
When principle not guilty because of conspirators you know of by mistake
mistake or excuse: DEFENSES:
MR of Accomplice + AR of -NO Abandonment once you agree
Principle can = accomplice -Withdrawal: (cuts off future liability)
liability for accomplice -Must give notice of withdrawal to all
Natural and Probable Consequences; members
of crime intended to assist (GI)
DEFENSES:
-Withdrawal: (off hook for crime)
-Neutralize impact of assistance
Self-Defense/Others [justification] Duress [excuse] Necessity [justification] Insanity [exc]
ELEMENTS: -Imminent threat of deadly force or SBI to -Clear and Imminent Harm Mcnaughton- fully unable
-Reasonably (believe) self or other -Effective to appreciate wrongfulness
-Necessary (to defend against…) -By another -No legal alternative of what he was doing.
-Imminent -Well grounded fear that threat would be -No legal preclusion
-Unlawful (force) carried out Control- fully unable to
LIMITATIONS: -No reasonable legal alternative conform behavior to the
-Can only respond w/ proportionate force law
-No defense for aggressor even if escalate EXCEPTIONS:
-Imperfect Defense: Unreasonable but -Not by own causing
honest mistake for deadly force = -No defense for purposeful murder
manslaughter
OTHERS:
Split: older: only as much force as vic
can legally use
New: allows for same honest and
reasonable mistake
Intoxication Entrapment Homicide Rape
Only available to negate SI mens rea Subjective (majority): AR: Cause the death of another AR:
Look at police conduct and DF’s Types: -Force
predisposition. Affording unwary -Murder: -Actual or constructive
criminal opportunity to commit or -1st degree: -Non-consent
inducing an unwary innocent to -Specific Intent -No means no or fear of
commit a crime. -Felony murder (Dangerous non-consent
crime, proximate cause, no -Penetration
-Objective (minority): merger, agency) MR:
Look at what Gov did; would it -2nd degree: -General Intent
cause a reasonable -SI to cause SBI FRAUD:
person to commit the -Depraved Mind Murder -in inducement: no crime
crime. -Manslaughter: -in factum: crime
-Voluntary – heat of passion
-Provocation (actually, leg.suf)
-Reasonable
-No cooling off period
-Involuntary - GI to cause Death
Causation Interpretation
Proximate cause: -Default = GI
-No independently intervening cause -Criminal offenses must have
some mens rea
-Foreseeable result, unforeseeable
manner generally proximate unless -Look to legislative purpose
wildly coincidental. (textual)
--GI or Strict Liability for
unlabeled circumstance
if circumstance is
difference between a
crime and not