Common Law Model Penal Code
Common Law Model Penal Code
Negligent omission→death =
manslaughter
Mens Rea
· Homicide→neg. homicide if acted
with criminal negligence (State v.
Howard)
· Subjective Test
Specific Intent Crime: MPC no longer recognizes the
distinction between general and specific
· Requires actual intention to do more intent. Rather, it spells out what is
than actus reus, not just general required for each crime.
blameworthiness
Knowledge
Willfulness
Strict Liability
(Transferred Intent)
Murder
· Poisoning
· Lying in wait
· Willful
· Deliberate
· Premeditated
· Felony
2 degree:
nd
· Depravity of heart
Premeditation
· No set time required, only that intention occurred at time of killing or
beforehand (Schrader)—decision overruled in so far as it suggests that premed
and delib could come into existence at time of killing
· If there is assault by both parties and sudden emotion, it becomes voluntary
manslaughter
Manslaughter
not enough)
2) heat of passion
Attempt
· unlawful entry
· COMPLETE DEFENSE
Factual Impossibility: No factual Impossibility Defense
· Never a defense
Hybrid Impossibility: (Brickey) No hybrid defense
Solicitation
Abandonment
Conspiracy
Accomplice When:
· Person who aided, counseled,
encouraged the commission of the · Solicits another person to commit
crime crime
· 3 Elements
Ignorance or Mistake
· Defense only for specific intent crimes · Based on Δ’s subjective belief
—must lack mens rea for crime
· Mistake of age is no defense—no
· Must be an “honest” mistake defense if under 10
Intoxication
· Not a defense but may be used if it · Defense if it prevents an accuse from
negates specific intent having the required state of
mind→but not always a complete
· Inadmissible to negate general defense
intent→negligence
· Does not negate recklessness or
criminal negligence
Involuntary Intoxication: Involuntary Intoxication:
·