5/17 Flashcards
(13 cards)
Reckless Mens Rea (MPC)
Consciously disregarding a substantial and unjustifiable risk + gross deviation from a reasonable standard of care.
Purposeful Mens Rea (MPC)
Conscious object to engage in certain conduct/cause a certain result.
Knowing Mens Rea (MPC)
Aware of their conduct & circumstances
Negligent Mens Rea (MPC)
Failure to be aware of substantial and unjustifiable risk + substantial deviation from reasonable standard of care.
Crimes imposing mens rea of malice generally don’t reuqire…
Proof of intent that specific intent crimes require.
Conspiracy
(1) Agreement b/w 2+ people (2) intent to enter agreement; and (3) intent to achieve the objective of the agreement.
Merger
AN accused cannot be convicted of attempt or solicitation and principal offnese.
Co-conspirator liability
A co-conspirator can be convicted of a crime committed by another conspirator if (1) the crimes were committed in furtherance of the conspiracy’s objective and (2) foreseeable.
Completion of conspiracy
The crime of conspiracy is completed when the agreement is entered. Failure to complete objective or repudiation is irrelevant at common law.
Felony Murder
(1) Defendant committed or attempted to commit a felony (2) felony was independent of the killing; and (3) death was a foreseeable result of the felony.
Depraved Heart Murder
Common law standard.
Killing with reckless indifference to an unjustifiably high risk to human life.
Falling asleep while driving is/is not enough for depraved heart murder
Specific Intent Crimes
defendant has a specific objective to commit the given crime
(1) attempt,
(2) larceny,
(3) robbery,
(4) forgery,
(5) false pretenses,
(6) embezzlement,
(7) conspiracy,
(8) assault,
(9) burglary,
(10) first degree murder, and (11) solicitation
General Intent Crimes
defendant must be aware of his actions and any attendant circumstances;
(1) battery,
(2) rape,
(3) kidnapping, and
(4) false imprisonment
