Criminal Law

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Author:
Anonymous
ID:
139871
Filename:
Criminal Law
Updated:
2012-03-05 19:18:19
Tags:
Criminal
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Description:
Crim Law
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  1. Five Theories of Punishment
    • Retribution
    • Deterrence
    • Specificto one person
    • Generalothers 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 MurderPlanned
    • 2nd degree Murderunplanned but intended
    • Voluntary manslaughterheat of passion
    • Involuntary Manslaughterdrunk driving
    • Negligent HomicideGross deviation from standard of care
  9. MPCNo Malice All homicides = conduct, death, & conduct caused death
    • Murderknowingly or purposefully
    • Manslaughterreckless conscious disregard of substantial unjustifiable risk
    • Negligent HomicideShould 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
    • ConductVoluntary Act or Omission w/ duty
    • Attendant Circumstances -
    • conductenter dwelling
    • Attendant Circumstancesat night
    • Mental statew/ purpose of committing a felony
  13. Non MPC
    • 1st Degree MurderPlanned
    • 2nd degree Murderunplanned but intended
    • Voluntary manslaughterheat of passion
    • Involuntary Manslaughterdrunk driving
    • Negligent HomicideGross 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
  16. IF there is NO mental state associated then it must be at least
    negligence
  17. Purposely
    conscious effort to engage in conduct to make event happen
  18. Knowingly
    aware the event will occur / practically certain
  19. Recklessness
    conscious disregard of a substantial and unjustifiable risk
  20. Negligence
    Should have known of a substantial and unjustifiable risk
  21. Malice
    • Intent to kill-Actual
    • Extreme recklessness -Implied
    • Intent to do harm -Implied
    • Felony Murder-Implied
  22. Murder
    knowingly or purposefully
  23. Manslaughter
    reckless conscious disregard of substantial unjustifiable risk
  24. Negligent Homicide
    Should have known, justifiable risk
  25. MPC requires what to be murder?
    Purposeful or or knowingly
  26. Knowingly
    Practically certain
  27. Reckless
    Conscious disregard of substantial unjustifiable risk
  28. Negligent (MPC)
    He should have been aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
  29. Felony Murder is what type of liability
    Strict liability
  30. Welansky case
    • Manslaughter
    • New Coconut Grove nightclub fire.
  31. Indifference to human life is what mental state
    “Extreme” recklessness (Malice)

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