Professional Documents
Culture Documents
Causation
-Proximate cause if
what DF thought or
should have thought
would happen,
happened
-UNLESS caused by
unusual or
unexpected causal
mechanisms
Common Law Common Law Common Law Common Law
Complicity Conspiracy Attempt Grading
AR: Physically or Psychologically Aid AR: Bi-lateral agreement of guilty parties AR: Step toward crime more than prep.
MR: MR: -Res Ipsa: What has been done?
-SI to aid in commission of crime -SI to agree -Proximity: What remains to be done?
-Same MR for elements of -SI for completion of crime Does it speak for itself?
underlying crime MR: Specific Intent for all elements
(stake in venture vs. knowledge) SCOPE: DEFENSES:
-Pinkerton: reasonably foreseeable -NONE – once you’ve passed the
SCOPE: crimes committed in furtherance by threshold, no unpassing it. No grading down
When principle not guilty because of conspirators you know of by mistake
mistake or excuse: DEFENSES:
MR of Accomplice + AR of -NO Abandonment once you agree
Principle can = accomplice -Withdrawal: (cuts off future liability)
liability for accomplice -Must give notice of withdrawal to all
Natural and Probable Consequences; members
of crime intended to assist (GI)
DEFENSES:
-Withdrawal: (off hook for crime)
-Neutralize impact of assistance
Self-Defense/Others [justification] Duress [excuse] Necessity [justification] Insanity [exc]
ELEMENTS: -Imminent threat of deadly force or SBI to -Clear and Imminent Harm Mcnaughton- fully unable
-Reasonably (believe) self or other -Effective to appreciate wrongfulness
-Necessary (to defend against…) -By another -No legal alternative of what he was doing.
-Imminent -Well grounded fear that threat would be -No legal preclusion
-Unlawful (force) carried out Control- fully unable to
LIMITATIONS: -No reasonable legal alternative conform behavior to the
-Can only respond w/ proportionate force law
-No defense for aggressor even if escalate EXCEPTIONS:
-Imperfect Defense: Unreasonable but -Not by own causing
honest mistake for deadly force = -No defense for purposeful murder
manslaughter
OTHERS:
Split: older: only as much force as vic
can legally use
New: allows for same honest and
reasonable mistake
Intoxication Entrapment Homicide Rape
Only available to negate SI mens rea Subjective (majority): AR: Cause the death of another AR:
Look at police conduct and DF’s Types: -Force
predisposition. Affording unwary -Murder: -Actual or constructive
criminal opportunity to commit or -1st degree: -Non-consent
inducing an unwary innocent to -Specific Intent -No means no or fear of
commit a crime. -Felony murder (Dangerous non-consent
crime, proximate cause, no -Penetration
-Objective (minority): merger, agency) MR:
Look at what Gov did; would it -2nd degree: -General Intent
cause a reasonable -SI to cause SBI FRAUD:
person to commit the -Depraved Mind Murder -in inducement: no crime
crime. -Manslaughter: -in factum: crime
-Voluntary – heat of passion
-Provocation (actually, leg.suf)
-Reasonable
-No cooling off period
-Involuntary - GI to cause Death
Causation Interpretation
Proximate cause: -Default = GI
-No independently intervening cause -Criminal offenses must have
some mens rea
-Foreseeable result, unforeseeable
manner generally proximate unless -Look to legislative purpose
wildly coincidental. (textual)
--GI or Strict Liability for
unlabeled circumstance
if circumstance is
difference between a
crime and not