MR Purpose to batter X Battery a CL Purpose b CL Knowledge c CL Battery by

Mr purpose to batter x battery a cl purpose b cl

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MR: Purpose to batter X. Battery a. (CL) Purpose b. (CL) Knowledge c. (CL) Battery by gross negligence (more than ordinary risk) d. Consent is a complete defense to simple battery. You cannot consent to aggravated battery. XI. Aggravating Elements a. Make sure definition is not in question b. Default Aggravating Rules i. Deadly Weapon, Use of means likely GBH AC ii. Inflict GBH (Battery only) iii. Intent to inflict GBH Specific Intent MR iv. Battery specially protected victim (Cop Child) AC XII. Kidnapping a. Assume: requirement of asportation beyond the requirement of the harm itself b. Slight movement integral to committing the crime is NOT asportation XIII. MPC a. MPC doesn’t distinguish between battery and assault b. Felony: Aggravated Battery/Assault
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XIV. Inchoate Offenses a. For all inchoate offenses, intent means only purpose (knowledge is not viable) XV. Attempt a. MR Purpose to commit the target offense b. AR Overt act that crosses the LP that changes prep to perp i. Last Act Test (Most Restrictive) 1. ii. Substantial Step (AKA dangerous proximity) 1. Look at totality of what D did, also statements c. Defenses i. (CL) No abandonment defense (you’ve started the offense) ii. (MPC) Abandonment – complete and voluntary renounce criminal purpose iii. XVI. Conspiracy a. Steps i. Agreement to commit unlawful act ii. Specific Intent or Purpose iii. The Overt Act Requirement iv. Renunciation v. Merger b. Elements i. AR Agreement ii. MR General Intent – intent to agree (MR to do the act of the crime) iii. MR Specific Intent – purpose to commit the target offence (lawful act by unlawful means) iv. AC Overt Act (not the actus reus) c. Braverman Doctrine – the number of conspiracy counts is dictated by the number of agreements, not the number of target offenses or overt acts. (One for each AR) d. (CL) Bilateral Agreement Approach i. Don’t have to convict more than one co-conspirator, so long as there is a bilateral agreement ii. Have to prove a bilateral agreement, but you don’t necessarily have to convict anyone other than the defendant e. (MPC) Eliminated Bilateral agreement, recognizes unilateral agreement theory f. (MPC) so long as you can prove D was a part of the conspiracy, he is convicted, even if the other party is feigning. (Mental state of the D) XVII. Defenses a. (CL) No defense to conspiracy b. Attempt (MPC) Abandonement c. Conpiracy (MPC) Renunciation is an affirmative defense XVIII. Solicitation a. (CL) You have to execute the solicitation b. (MPC) Conduct can be designed to effect such communication
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  • Spring '10
  • criminal law, assault

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