MPC - Necessity Difference from common law : (1) MPC has no...

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MPC has 4 intents MPC no distinction between specific/general intent. MPC no distinction between mistake of fact/law. MPC rejects strict liability in rape or sexual-assault context so allows a reasonable mistake of fact defense when victim atleast MPC Extortion difference MPC and Criminal Homicide: The purposeful, knowing, reckless, or negligent death of another human being. MPC; Manslaughter when: NO degrees of murder 1) It is committed recklessly (but without circumstances manifesting extreme indifference to the value of human life) 2) A homicide that would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. MPC’s “Extreme Emotional Disturbance” Test:
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Unformatted text preview: Necessity Difference from common law : (1) MPC has no imminence requirement; (2) possible to use defense of necessity to murder (CL never a defense to murder) Distinguishing between common law and MPC a. MPC: duress defense is not limited to situations involving threats of death or great bodily harm (broader than common law) b. MPC: No explicit imminence requirement and a duress defense to homicide is possible even if the victim is an innocent. Insanity: MPC and MNaghten- Appreciate as opposed to know and speaks in terms of substantial lack of experience and capacity. MPC Attempt: Focuses on what the D has done, substantial step towards the culmination of the commission of the targeted offense. No impossibility defense...
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This note was uploaded on 05/03/2011 for the course LAW 101 taught by Professor Tort during the Fall '09 term at Brooklyn Law School.

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