Someone recently bought our

students are currently browsing our notes.


Mpc Key Outline

Law Outlines > Criminal Outlines

This is an extract of our Mpc Key document, which we sell as part of our Criminal Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Criminal Law - MPC Sections I.

The Required Act (Actus Reus) A. Voluntariness

MPC SS 2.01(p. 1137): "(1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. (2) The following are not voluntary acts w/in the meaning of this Section: (a) a reflex or convulsion; (b) a bodily movement during unconscious sleep; (c) conduct during hypnosis or resulting from hypnotic suggestion; (d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. . . . (4) Possession is an act, w/in the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession." B. Omissions MPC SS 2.01(3) (p. 1137): "Liability for the omission of an offense may not be based on an omission unaccompanied by action unless: (a) the omission is expressly made sufficient by the law defining the offense; or (b) a duty to perform the omitted act is otherwise imposed by law."

II. The Required Mental State (Mens Rea) A. Generally

MPC SS2.02. General Requirements for Culpability: a) Purpose (SS 2.02(2)(a)) = conscious object to engage in conduct to produce required result or aware of existence of attendant circumstance or believe /
hopes they exist Conditional Purpose (SS 2.02(6)): "When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense." b) Knowledge (SS 2.02(2)(b)) = aware that conduct is of nature defined by offense or that attendant circumstances exist, or practically certain conduct will produce result. Willfulness = knowledge (MPC SS 2.02(8)). High Probability satisfied by knowledge (MPC SS 2.02(7)). NOTE: Knowledge and purpose is the same for attendant circumstances. c) Recklessness (SS 2.02(2)(c)) = conscious disregard for substantial & unjustified risk material element exists or will result from conduct (indifference). d) Negligence (SS 2.02(2)(d)) = should be aware of substantial and unjustified risk material element exists or will result from conduct (inattentiveness). MPC SS 2.02(3). Culpability Required Unless Otherwise Specified: a) if not specified, culpability required is recklessness, purpose or knowledge. b) we'd obliterate distinctions b/w crimes if one crime b/c you did another. MPC SS 2.02(4). Prescribed Culpability Req. Applies to All Material Elements:

MPC Sections - Criminal Law - Fall 1997 & Winter 1998 - Prof. Schulhofer - Dave Horan

conduct, justification)

Page 2

a) material elements of crime = those characteristics of ?'s behavior that, when combined with appropriate level of culpability, will constitute the offense (nature of the forbidden conduct, attendant circumstances, result of the incl. attendant circumstances or results that negate an excuse or b) if culpability specified for crime, applies to all material elements thereof, unless specified otherwise.

MPC SS 2.08. Intoxication: "(1) Except as provided in Subsection (4) of this Section, intoxication of the actor is not a defense unless it negatives an element of the offense. (2) When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial. (3) Intoxication does not, in itself, constitute mental disease w/in the meaning of Section 4.01. (4) Intoxication which (a) is not self-induced or (b) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacks substantial capacity either to appreciate its criminality
[wrongfulness] or to conform his conduct to the requirements of law. (5) Definitions. In this Section unless a different meaning plainly is required: (a) "intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances in the body; (b) "self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime; (c) "pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible." B. Mistake of Fact MPC SS 2.04 (p. 1139): "(1) Ignorance or mistake as to matter of fact or law is a defense if: (a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or (b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense." (2) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed." C. Strict Liability MPC SS 2.05 (p. 1140): attacks strict liab. by reducing crimes defined as str. liab. that would carry prison terms as "violations," which not crimes & ? can only fine. D. Mistake of Law MPC Section 2 codifies common law of mistake of law in following way:

MPC Sections - Criminal Law - Fall 1997 & Winter 1998 - Prof. Schulhofer - Dave Horan

Page 3

MPC SS 2.02(9): "Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of the offense, unless the definition of the offense or Code so provides." MPC SS 2.04(1): "Ignorance or mistake as to matter of fact or law is a defense if: (a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense." Authorized Reliance/Official Statement Exception: MPC SS 2.04(3): "A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when: (a) the statute or other enactment defining the offense is not known to the actor & has not been published or otherwise reasonably made available prior to conduct alleged (Promulgation Req.); or (b) he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (i) a statute or other enactment; (ii) a judicial decision, opinion or judgment; (iii) an administrative order or grant of permission; or (iv) an official interpretation of the public officer or body charged by law w/
responsibility for the interpretation, administration or enforcement of the law defining the offense."

III. Rape A. Mens Rea (Mistake of Fact) MPC SS 213.1 (no mention of mens rea for consent) & SS 2.03(3) (recklessness implied if no mens rea specified)--so recklessness required on consent issue. B. Force and Nonconsent

MPC SS 213.1: (1) Rape. A male who has sexual intercourse w/ a female not his wife is guilty of rape if: (a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or (b) he has substantially impaired her power to appraise or control her conduct by administering or employing w/o her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (c) the female is unconscious; or (d) the female is less than 10 years old. Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which case the offense is a felony of the first degree. Sexual intercourse includes intercourse per os or per annum, with some penetration however slight; emission is not required. (2) Gross Sexual Imposition. A male who has sexual intercourse w/ a female not his wife commits a felony of the third degree if: (a) he compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution; or

MPC Sections - Criminal Law - Fall 1997 & Winter 1998 - Prof. Schulhofer - Dave Horan

Page 4

(b) he knows that she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct; or (c) he knows that she is unaware that a sexual act is being committed upon her or that she submits b/c she mistakenly supposes that he is her husband." MPC SS 213.1 (Alternative View #1): a) seeks to shift attention from V's acts to ?'s conduct and to differentiate, for grading purposes, b/w different degrees of force. b) intentionally omits requirements of resistance or non-consent c) requires ? compel V to submit by force or threat, which implies non-consent d) however, resistance is relevant evid. of rape and level of resistance normally would be inquired into (COMMENTS to MPC SS 213.1, pp. 340-341)--MPC won't follow MI view that resistance never required by V. Duress or Non-Physical Threats: MPC SS 213.1(2): 1) threats invalidate consent if are of physical injury or are such as couldn't be resisted by woman of ordinary resolution. 2) MPC defines threat as confronting person w/ alternatives ? is not legally Marital Rape: MPC SS 213.1 (p. 1177) retains marital exception to rape b/c: 1) woman gives "gen'lized consent" to sex w/ husband. 2) avoid interference w/ ongoing adjustment to married life. 3) can charge husband w/ forcible rape under normal crim. defin.

IV. Homicide A. Intentional & Unintentional


MPC Article 210. Criminal Homicide: a) SS 210.1(1): Homicide defined as person guilty b/c of purposefully, knowingly, recklessly, or negligently causing the death of a h.b. b) SSSS 210.1 & 210.2 make no mention of malice aforethought. c) MPC divides homicides created by risk into 3 categories: 1) MPC SS 210.2(1). Murder if: (a) committed purposely and knowingly, OR (b) requires that one act recklessly and evince an extreme indifference to the value of human life. 2) Felony M been incorporated here b/c MPC abandons Fel. M, by holding indifference to human life can be presumed if person causes during felony. MPC SS 210.2(1)(b) 3) MPC SS 210.3(1). Reckless Manslaughter if: (a) reckless conduct that is not extremely indifferent to value of human life; OR (b) extreme emotional disturbance (EED) 4) MPC SS 210.4(1). Negligent Manslaughter if: (a) conduct that results in accidental death, but which is only negligent, is punished less severely. (b) Like common-law Manslaughter. MPC SS 210.2(1)(b). Creation of Risk (Recklessness): a) When reckless conduct exhibits an extreme or depraved indifference to human life, any death resulting is punishable as murder.

Buy the full version of these notes or essay plans and more in our Criminal Outlines.