test

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Anonymous
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139817
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test
Updated:
2012-03-05 15:21:25
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test
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  1. Five Theories of Punishment
    • Retribution
    • Deterrence
    • Specific - to one person
    • General - others see it and are deterred
    • Incapacitation
    • Rehabilitation
    • Denunciation
  2. If the is a mental state associated then it must be at least
    recklessness
  3. IF there is NO mental state associated then it must be at least
    negligence
  4. Purposely
    conscious effort to engage in conduct to make event happen
  5. Knowingly
    aware the event will occur / practically certain
  6. Recklessness
    conscious disregard of a substantial and justifiable risk
  7. Negligence
    Should have known of a substantial and justifiable risk
  8. Non MPC
    • 1st Degree Murder - Planned
    • 2nd degree Murder - unplanned but intended
    • Voluntary manslaughter - heat of passion
    • Involuntary Manslaughter - drunk driving
    • Negligent Homicide - Gross deviation from standard of care
  9. MPC - No Malice All homicides = conduct, death, & conduct caused death
    • Murder - knowingly or purposefully
    • Manslaughter - reckless conscious disregard of substantial unjustifiable risk
    • Negligent Homicide - Should have known, justifiable risk
  10. No Malice All homicides = conduct, death, & conduct caused death
  11. Mental States
    • 1. Purpose
    • 2. Knowledge
    • 3. Recklessness
    • 4. Negligence (Criminal)
  12. Mens Rea -Mental State applies to
    • Conduct - Voluntary Act or Omission w/ duty
    • Attendant Circumstances -
    • conduct - enter dwelling
    • Attendant Circumstances - at night
    • Mental state - w/ purpose of committing a felony
  13. Non MPC1st Degree Murder - Planned
    • 2nd degree Murder - unplanned but intended
    • Voluntary manslaughter - heat of passion
    • Involuntary Manslaughter - drunk driving
    • Negligent Homicide - Gross deviation from standard of care
  14. MPC (No Malice)
    • Murder
    • Manslaughter
    • Negligent Homicide
  15. If the is a mental state associated then it must be at least - recklessness
    • IF there is NO mental state associated then it must be at least - negligence
    • Purposely –
    • conscious effort to engage in conduct to make event happen
  16. Knowingly –
    aware the event will occur / practically certain
  17. Recklessness –
    conscious disregard of a substantial and unjustifiable risk
  18. Negligence –
    Should have known of a substantial and unjustifiable risk
  19. Malice
    • Intent to kill - Actual
    • Extreme recklessness -Implied
    • Intent to do harm -Implied
    • Felony Murder - Implied
  20. Murder
    knowingly or purposefully
  21. Manslaughter
    reckless conscious disregard of substantial unjustifiable risk
  22. Negligent Homicide
    Should have known, justifiable risk

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