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21 Cards in this Set
- Front
- Back
Statute
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includes the Constitution and a local law or ordinance of a political subdivision of the State
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Act or Action
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a bodily movement whether voluntary or involuntary
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Omission
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failure to act
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Conduct
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action or omission and its accompanying state of mind, or, where relevant, a series of acts or omissions
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Element of an Offense
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(i) such conduct or
(ii) such attendant circumstance or (iii) such a result of conduct |
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MPC §2.01-1
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A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or omission to perform an act of which he is physically capable.
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MPC §2.01-2
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The following are not voluntary acts within the meaning of this section:
(a) a reflex or convulsion; (b) a bodily movement during unconsciousness or 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. |
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MPC §2.01-3
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Liability for the commission 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 offense; or (b) a duty to perform the omitted act is otherwise imposed by law. |
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MPC §2.01-4
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Possession is an act, within 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.
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MPC §2.05 states
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voluntary act and mens rea requirements need not apply to offenses graded as violations. Violations are offenses that cannot result in imprisonment or probation, but may result in fines.
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What does the Code require the prosecution to prove?
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They must prove that the defendant committed the social harm of the offense with a culpable state of mind, as set out in the specific statute.
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Define Purposely
(in the context of a result or conduct) |
A person acts purposely if it is his conscious object to engage in conduct of that nature or to cause such a result.
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Define Purposely
(in the context of attendant circumstances) |
A person acts purposely if he is aware of the existence of such circumstances OR he believes OR hopes that they exist.
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Define Knowingly
(context of a result) |
A result is knowingly caused if the actor is aware that it is practically certain that his conduct will cause such a result.
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Define Knowingly
(context of attendant circumstances & conduct) |
One acts knowingly if he is aware that his conduct is of that nature OR that such [attendant] circumstances exist.
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When is knowledge established?
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Knowledge is established if a person is aware of a high probability of [the attendant circumstance's] existence, unless he actually believes that it does not exist.
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Define Recklessly
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A person acts recklessly if he consciously disregards a substantial and unjustified risk that the material element exists OR will result from his conduct.
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When is a risk substantial and unjustified?
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A risk is substantial and unjustifiable if considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law abiding person would observe in the actor's situation.
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MPC §2.02-3
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The material element is established if a person acts purposely, knowingly, or recklessly.
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Actus Reus
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Is the physical or external part of the crime
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Mens Rea
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Is the mental or internal part of the crime
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