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    Crim Attack

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    Laura C
    This document provides an overview of the elements of crimes, including: 1) Actus reus (criminal act) and attendant circumstances; 2) Mens rea (mental state); and 3) Causation and defenses. It outlines the different types of crimes based on mental state (specific intent, general intent, strict liability) and whether they require a criminal act or prohibited result. The document also summarizes the analysis of attempt crimes versus completed crimes and reviews various criminal defenses.

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    Crim Attack

    Uploaded by

    Laura C
    1K views2 pages
    This document provides an overview of the elements of crimes, including: 1) Actus reus (criminal act) and attendant circumstances; 2) Mens rea (mental state); and 3) Causation and defenses. It outlines the different types of crimes based on mental state (specific intent, general intent, strict liability) and whether they require a criminal act or prohibited result. The document also summarizes the analysis of attempt crimes versus completed crimes and reviews various criminal defenses.

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    criminal law attack outline

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    This document provides an overview of the elements of crimes, including: 1) Actus reus (criminal act) and attendant circumstances; 2) Mens rea (mental state); and 3) Causation and defenses. It outlines the different types of crimes based on mental state (specific intent, general intent, strict liability) and whether they require a criminal act or prohibited result. The document also summarizes the analysis of attempt crimes versus completed crimes and reviews various criminal defenses.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    Crim Attack

    Uploaded by

    Laura C
    This document provides an overview of the elements of crimes, including: 1) Actus reus (criminal act) and attendant circumstances; 2) Mens rea (mental state); and 3) Causation and defenses. It outlines the different types of crimes based on mental state (specific intent, general intent, strict liability) and whether they require a criminal act or prohibited result. The document also summarizes the analysis of attempt crimes versus completed crimes and reviews various criminal defenses.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    (ACTUS&REUS&++ATTENDANT+CIRCUMSTANCES)++&MENS&REA&+&CAUSATION&=&CRIME&+&RESULT&&DEFENSE(S)&

    Actus&Reus&

    +"A$endant"Circumstances?"

    Omission&

    Duty+Of+Care++

    Act&

    Moral+ObligaJon+

    Status+relaJonship++
    If+Yes+!+Acquit+
    Contractual+Duty+
    If+No+!+MR+Analysis+
    Voluntary+Undertaking+
    CreaJon+of+Peril+

    Involuntary+or+Voluntary?+
    ""(Duress"se?)""""""""""""

    Results+or+Conduct+Crime?+
    ++++++++++++++++++(no"causa7on"analysis)"

    Mens&Rea&

    Purposefully+
    Knowingly+
    Recklessly+PLUS"
    Recklessly+
    General+Intent+ Grossly+Negligent++
    +++++(Negligence+PLUS)+
    Negligently++
    Specic+Intent+

    Complete+&+Not+Successful+Crimes,+OR+
    IncompleteATTEMPT&(next"page,"no""
    "Causa7on"Analysis)"

    Statutory&Interpreta1on&
    Common&Law:&

    1.+Plain+meaning+of+text,+if+unclear/ambiguous:+
    2.+Cannons&of&Construc1on+
    a) Statutory&Structure&+consider+in+all+parts+
    b) Purpose+(and+contrary+legislaJve+purpose)+
    c) Avoid&absurdity&
    d) Legisla1ve&history&
    e) Rule&of&Lenity&strictly+construed+against+the+
    prosecuJon;+if+2+reasonable+interpretaJons,+
    the+one+that+is+MOST+FAVORABLE+TO++applies+
    "Doctrine+of+LAST&RESORT+
    "Not&in&MPC+

    MPC&

    1.+Break+down+Elements+
    +a.+Conduct+(what+youre+doing++act)+
    +b.+AC++turns+purposefully+into+knowingly+
    +c.+Results+or+not+results+crime?+
    2.+ID+Material+v.+Nonmaterial+Element+of+oense+
    +a.+NOT+procedural+shit,+unrelated+to+harm/evil,+
    +++++existence+of+jusJcaJon++
    3.+Determine+MR+
    Default&Rule:&statute+silent+re+MR,+reckless+default+
    Subs1tu1on&Rule:&lowest+MR+saJses+higher+ones.+
    +a.+If+crime+lists+several+MR,+lowest+one+++++++
    ++++++establishes+culpability.++
    +b.+Willful+=+Knowingly+
    Condi1onal&Intent:&purpose+enough+to+establish+
    culpability+unless+condiJon+negates+harm+sought+to+be+
    prevented+
    Travel&Rule:&except+w+SL,+proof+of+MR+to+each+element+of+
    oense+when+one+term+is+menJoned,+MR+applies+to+
    material+element+of+oense+unless+shown+otherwise+

    &&&Defenses+!++

    MO&Fact&

    MO&Law&

    Specic&Intent&

    Defense+

    Defense+

    General&Intent&

    Only+Reasonable+
    Mistakes+

    No+Defense+

    Strict&Liability&

    No+Defense+

    No+Defense+

    Complete+&+Successful+

    Factual/Actual&

    But++For+
    SubstanJal+Factor+
    Omission"

    Causa1on&

    Proximate&Cause&
    Foreseeable+

    Interven1on&of&Autonomous&Actor&
    Cuts+o+Chain+
    UlJmate+Harm+caused++by+another+actor+
    +Ques7ons:""
    1.
    2.
    3.

    Who"caused"Ul7mate"Harm?"
    Was"actor"autonomous?"
    Mental"state"not"100%,"under"inuence"of"crim"Actor?"

    Ins1tu1onal&Background&

    ANALYSIS OF CRIMES

    1. CATEGORIZE THE CRIME
    a. Is this a conduct or results crime?
    - Results Crime: offense defined in terms of a prohibited result
    - Conduct Crime: crimes where the AR is defined in terms of the conduct
    b. Is this a specific intent, general intent, or strict liability crime?

    HOMICIDE CRIMES (Results) YES causation analysis
    Specific Intent

    (purposely to knowingly)

    (recklessness+ to negligence)

    General Intent

    Strict Liability
    (NO MR)

    Depraved Heart Murder

    Felony Murder (CL only)

    Murder

    Murder

    Manslaughter

    Voluntary Manslaughter
    (heat of passion or EED)

    escalate
    Involuntary Manslaughter

    Homicide

    Negligent Homicide

    Attempt

    Attempted Murder or
    Manslaughter

    mitigate

    RAPE CRIMES (Conduct) NO causation analysis


    Specific Intent

    General Intent

    (purposely to knowingly)

    (recklessness+ to negligence)

    Strict Liability
    (NO MR)

    Attempted Rape

    Rape

    Statutory Rape


    c. Is this an ATTEMPT? NO causation analysis, ATTEMPT is specific intent crime
    - Attendant Circumstances for target crime also apply to attempt. If ACs not present, must
    show s belief that ACs are present

    COMPLETE, but not successful?
    INCOMPLETE?
    Result Crime
    Conduct Crime
    Do the AR tests
    acted with the purpose/belief to cause a criminal purposely engages in criminal conduct
    on p. 26.
    result (belief that result will occur is enough)
    if the ACs were as believes them to be

    2. ASSESS THE DEFENSES:

    CRIMINAL DEFENSES

    ATTEMPT DEFENSES

    Pure Legal Impossibility (CL only): law


    doesnt criminalize what sets out to do
    Self-Defense: non-aggressor, reasonably belief, of necessity to protect
    Abandonment (MPC only): complete and
    from imminent [unlawful use of force by another]/[threat of bodily harm] voluntary renunciation
    Defense of Another: traditional (other would be justified) v. modern
    RAPE DEFENSES
    (actor believes other would be justified)
    Defense of Property: depends on jurisdiction, see p. 30
    Fraud in Inducement: victim understands
    s/he had sex, misunderstanding re: facts
    Necessity: choice of evils, faultless, see p. 31 (MPC only for homicide)
    except marriage (impersonating a
    EXCUSE
    spouse) = fraud in factum, see p. 24
    Duress (Insanity, Intoxication), see p. 32
    JUSTIFICATION

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