66 Flashcards
Willful Blindess MPC
MR Short of knowlege/ Satsifed by knowelege of high prob. Can be inferred from circumstances eg–Interest in commision of crime and interest in proceeds
SL
Pub Welfare No mr. MISTAKE not exculpable
Gen iNTENT
Proof that D intended to commit the Act (Ar) that caused harm
Mistake of fact mPC
- Mistake negates mr of a material element of offense
2. law provides the st of mind created by ingornce constitues a def
Mistake fact CL
General–Reasonanly and negates culpability
Spec- Mistake of fact negates specific mr
Mistkae of law
Official interp
Different law msitake (negates mr)
Prox cause
Relevant when intervening causes (6 facotrs)
CL - Intentioan killing heat of passion–Adequate prod
jury question 4
Inchoate-Attempt Def
Person commits a n attempt when with the intent to commit a spec offense he does any act which constitutes a sub step toward commis of the offense
Attemps AR TESTS
pHYSICAL PROX
iNDESPENSIBLE ELEMENT
PROB DESISTANCE
UNQUUIVOCAILITY
Attempt MR
Intent t ocommit AR OF attempt
intent to commit targert crime
attemps AR
enganging in conduct that constitutes the beg of the perpetration of the target ofense
Necesity CL
Natural forces. not for homicide
1. nec to prevent grater social harm
2. no lawful alt
Also may require–leg hasnt spoken, clean hands,
necessity MPC
- choice of evils, partial clean hands
MR of crime > your culpability
good for reck
not good for neg
Cl Durress
immediate