Index

Abandonment

of attempt

of conspiracy

of solicitation

“Abuse excuses,”

Accessories. See Complicity

Accomplice liability. See Complicity

Actus reus. See also Omission

of attempt

of complicity

of conspiracy

definition

in emergencies

of larceny

MPC analytic framework for

of rape

of solicitation

voluntary intoxication, evidence of

Adultery, legal adequate provocation

Affirmative defenses

common law

constitutional law

legislative clarity

offense versus defense

Age

criminal responsibility

rape, effect on

Agency theory

Aiding and abetting. See Complicity

Alcoholism and insanity. See also Intoxication defense

Animus furandi

Attempt

abandonment defense

act, intent for

actus reus of

circumstances, intent for

common law

definition

elements of

equivocality test

factual impossibility

impossibility of

“last act” test

legal impossibility

mens rea of

MPC

probable desistance test

proximity test

renunciation

result, intent for

Attendant circumstance

Attorneys, reasonable reliance by

Battered wives

Battery, legal adequate provocation

“Black rage”

Brainwashing as excuse

Burden of proof

excuse versus justification

insanity defense

overview

“But for” causation

Cardinality

Causation

“but for” causation

cause in fact

common law

concurrent causation

direct cause

elements of

omission as cause

proximate cause. See also Proximate cause

rationale

responsibility for causing harm

strict criminal liability

transferred intent

Cause in fact

Child pornography, entrapment defense

Circumstance, definition

Citizen arrests

Civil commitment law

Common law

abandonment, defense of

affirmative defenses

attempt

causation, elements of

complicity

conspiracy

contracts

critique of

duress

homicide

impossibility

infancy defense

intoxication defense

principal and accessories, relationship between

property, defense of

rape

solicitation

as source of criminal law

strict liability

torts

use of force

voluntary intoxication

Wharton’s rule

Complicity

accessories

accessories after the fact

accessories before the fact

actual assistance

actus reus of

chart

common law

conduct necessarily part of crime

contemporary law

definitions

differences in degrees of culpability between principal and accessory

guilty principal requirement

how much aid is sufficient

immunity from conviction

knowledge that another intends to commit crime

legal incapacity to commit substantive crime

mens rea of

misdemeanors

misprision of felony

MPC

omission

pleadings and proof

pretending principal

principals

principals before the fact

providers of goods and services

purposefully

purpose or intent to aid principal’s criminal action

rationale

treason

unintended crimes committed by principal

venue

withdrawal of aid

Concurrent causation

Conduct, definition

Consent as defense to rape

Conspiracy

abandonment defense

act, intent for

actus reus of

agreement requirement

bilateral approach

chain approach

chart

choice of venue

circumstances, intent for

common law

consequences of termination

corrupt motive doctrine

Crimmins doctrine

definition

duration of

extending life of

factual impossibility

grading of

hearsay evidence, use of

immunity for substantive offense

impossibility

joint trials

legal impossibility

mens rea of

MPC

overt act requirement

parties to

prosecution of

punishment for

purposefully

purpose or knowledge when providing goods and services

responsibility for crimes committed by co-conspirators

result, intent for

scope of

single agreement with multiple criminal objectives

single versus multiple agreements

solicitation compared

unilateral approach

Wharton’s rule

wheel and chain conspiracies

wheel and spokes approach

withdrawal, as defense

Constitutional law

affirmative defenses

mens rea

presumption, scrutiny of

as source of criminal law

strict criminal liability

use of force

Contemporaneity, mens rea

Contracts, common law

Contributing cause

Contributory negligence

“Cooling off”

Corrupt motive doctrine

Criminal responsibility, minimum age of

Crimmins doctrine

Cultural defense

Death penalty

insanity defense

murder, death penalty under MPC

for property offenses

Deception, rape by

Defenses. See also Self-defense

affirmative defenses. See also Affirmative defenses

cultural defense

diminished capacity. See also Diminished capacity defense

duress. See also Duress

entrapment. See also Entrapment defense

excuse. See Excuse as defense

guilty but mentally ill

individual characteristics

infancy. See also Infancy defense

insanity. See also Insanity defense

intoxication. See also Intoxication defense

justification. See Justification as defense

legislative clarity

motive

necessity. See also Necessity

presumptions. See Presumptions

property, defense of. See also Property, defense of

self-defense. See also Self-defense

solicitation

terminology

Delinquency

Deterrence theory of punishment

Diminished capacity defense

in California

historical background

MPC

rules of evidence

in United Kingdom

Direct causation

Domestic violence, self-defense

Drugs

intoxication from. See Intoxication defense

possession of

Due process, entrapment defense

Duress

common law

creating conditions of

doctrines of

guilt of duressor

to himself

homicide

imminence of threat

MPC

necessity versus

personal injury

rationale

reasonableness of fear

source of threat

termination of threat

Element analysis

common law

MPC

Elements

of attempt

of causation

intoxication as

of larceny

of mens rea

of strict criminal liability

Embezzlement

conversion

fraud

lawful possession

Emergencies

actus reus in

duress. See Duress

mens rea in

necessity. See Necessity

punishment of acts committed during

English law

Entrapment defense

child pornography

due process

historical background

MPC

objective approach

subjective approach

Equivocality test

Estoppel

Euthanasia, motive for

Excuse as defense

abolition problem

“abuse excuses”

assistance and resistance problem

“black rage”

brainwashing

burden of proof

cognitive psychology

criminogenic causes

duress. See Duress

earlier abuse

emotion

explanation of

genetics

justification versus

mob mentality

MPC

necessity as

neuroscience

physiologically based

premenstrual syndrome

problems of

provocation as

psychologically based

sociologically based

trends in

urban survival syndrome

Ex post facto prohibition

Factual impossibility

attempt

conspiracy

solicitation

False pretenses

intent to defraud

knowledge

mens rea of

present or past fact

puffing and opinion

representation

title

Federal insanity test

Felony murder. See also Manslaughter; Murder

agency theory

causation restrictions

duration restrictions

“in furtherance” theory

inherently dangerous felony rule

interplay of courts and legislatures

justified versus excused killings

limitations on predicate felony

merger doctrine

MPC

New York law, 202n18

overview

provocative act theory

proximate cause theory

shield cases

Firearms, right to carry laws

First-degree murder

First-degree rape

Force, use of

during arrests

assisting police

common law

constitutional limits

for crime prevention

deadly force

MPC

nondeadly force

property, defense of

in rape

Foreseeability

Fraud

in embezzlement statutes

false pretenses, intent to defraud

rape

General intent

Greater crime theory

Gross negligence, medical treatment

Gross sexual imposition

Guilty but mentally ill defense

Habitation, defense of

Hart, H.L.A.

Hearsay evidence, conspiracy

“Heat of passion”

Hinckley, John

Homicide

chart

common law

definition

duress

felony murder. See also Felony murder

human life

manslaughter. See also Manslaughter

murder. See also Murder

necessity

Ignorance of the law

common law

MPC

Impossibility

of attempt

in conspiracy cases

factual impossibility

inherent impossibility

legal impossibility

MPC

solicitation

Incapacitationist theory of punishment

Infancy defense

under age 7

between age 7 and 14

common law

criminal responsibility

juvenile court jurisdiction

MPC

over age 14

Inferences as proof of mens rea

“In furtherance” theory

Inherent impossibility

Innocent actors, strict criminal liability

Innocent agents

definition

solicitation

Insanity defense

alcoholism

burden of proof

competency to stand trial

death penalty

disposition of incompetent defendant

legal reform of

mental illness, relevance of

M’Naghten test

myths regarding

overview

procedural changes

release from confinement

substantive changes

tests of

transfer to psychiatric hospital

Intention MPC

Intoxication defense

actus reus

alcoholism and insanity

common law

evidence of intoxication

intoxication as element

involuntary intoxication

MPC

overview

rape

relevance of intoxication to defenses

voluntary intoxication

Involuntary acts. See also Actus reus

Involuntary manslaughter

misdemeanor-manslaughter

negligence

recklessness

Iraq, attack on

Irresistible impulse test of insanity

Joint trials, conspiracy

Justification as defense

abolition problem

assistance and resistance problem

burden of proof

Dadson problem

duress. See Duress

excuse versus

honest or reasonable mistake

mistake versus

MPC

necessity as

problems of

provocation as

unknowing justification

Juvenile justice system

contemporary law

indeterminateness of, 25n14

infancy defense

Kant, Immanuel

Knowledge

complicity

conspiracy

false pretenses

mens rea

mistake of fact

MPC

Larceny

actus reus of

asportation and taking

contemporaneity

deprivation

elements of

finders

grading of

intent

mens rea of

permanently

personal property

property of another

trespass

“Last act” test

Law enforcement

arrest, authority to

attempt, as tool of

solicitation by agents

Legal duty

MPC

omission

Legal fact, mistake of

Legal impossibility

attempt

conspiracy

solicitation

Liability

accomplice liability. See Complicity

strict liability. See Strict criminal liability

vicarious liability

Limitations on criminal law

Lincoln, Abraham, 475n20

Lucri causa

Mala in se (“real”) crimes

Mala prohibita crimes

Malice aforethought

Mann Act

Manslaughter. See also Murder

definition

involuntary. See also Involuntary manslaughter

MPC

voluntary. See also Voluntary manslaughter

Material elements

of mens rea

of strict criminal liability

Mechanical devices of protection

Medical treatment

grossly negligent or reckless

negligent

Megan’s Laws

Mens rea

of attempt

of complicity

as component of crime

of conspiracy

constitutional law

contemporaneity

default position

in emergencies

of false pretenses

general intent

inferences

intent

knowledge

of larceny

material elements of

motive

MPC

negligence. See also Negligence

oblique intent

prior fault

of rape

recklessness

of self-defense

of solicitation

specific intent

statutory interpretation of

traditional and statutory

transferred intent

Mental illness, relevance of

Mental state. See Mens rea

Minimum age of criminal responsibility

Misdemeanor-manslaughter

Misprision of felony

Mistake

of fact. See also Mistake of fact

honest or reasonable mistake

justification versus

of law. See also Mistake of law

self-defense

Mistake of fact

future trends

knowledge

legal fact

MPC

reasonableness

specific intent

willful blindness

Mistake of law

estoppel

exceptions

future trends

noncriminal law mistake

reasonable reliance approach to

specific intent crimes

M’Naghten test of insanity

Mob mentality

Model Penal Code (MPC)

abandonment defense

actus reus analytic framework

attempt

causation in

complicity

conspiracy

corroboration requirement

culpability

diminished capacity defense

duress

element analysis

elements

entrapment defense

excuse

felony murder

ignorance of the law doctrine

impossibility

infancy defense

insanity, test for

intoxication defense

justification

knowingly

legal duty

manslaughter

material elements

mens rea

mistake of fact

murder, death penalty under

necessity defense

negligence

omission

possession

presumptions

principal and accessories, relationship between

property defense

prosecution, burden on

purposefully

rape, definitions

recklessness

self-defense

solicitation

as source of law

strict criminal liability

subjectivity versus objectivity

theft crimes

use of force

voluntary acts

voluntary intoxication

voluntary manslaughter

withdrawal defense

Moral duties

Motive

defenses

mens rea

MPC. See Model Penal Code

Murder. See also Felony murder; Homicide; Manslaughter

death penalty eligibility

definition

gradations of

MPC, death penalty under

original murder

presumed malice

Necessity

alternatives

choice of evils

creating conditions of

doctrines of

duress versus

excuse versus justification

homicide

imminence of threat

MPC

problem of democracy

source of threat

terrorism

torture

Negligence

defined

involuntary manslaughter

medical treatment

MPC

as predicate for criminal liability

subjectivity versus objectivity

Noncriminal law mistake

Oblique intent

Omission

as cause of crime

complicity

legal duty

MPC

Opinion, false pretenses

Ordinality

Personal property

defense of

larceny

Pinkerton rule

Pleadings, complicity

Police offenses

Possession

Preemptive strikes, self-defense

Preexisting conditions

Premenstrual syndrome defense

Presumptions

constitutional scrutiny of

MPC

overview

Principals. See Complicity

Principle of legality

Prior fault

Private citizens, right to make arrests

Probable desistance test

Property, defense of

common law

deadly force

dwellings

initial aggression

MPC

other lawful means available

personal property

real property

retaking property

use of force

warnings

Property offenses

confusion among

death penalty

definition

embezzlement. See also Embezzlement

false pretenses. See also False pretenses

grading of

larceny. See also Larceny

trade versus individualism

Proportionality, self-defense

Prosecution

burden on

conspiracy, advantages of

Provocation

Provocative act theory

Proximate cause

chart

contributing cause

dependent intervening cause

felony murder

foreseeability

grossly negligent or reckless medical treatment

harm intended or risked versus manner in which harm occurs

identifying specific causal mechanism

independent intervening cause

irresponsible human agent,

negligent medical treatment

preexisting conditions

Proximity test

Public welfare offenses

Puffing, false pretenses

Punishment

of conspiracy

definition

deterrence theory

emergencies, acts committed during

incapacitationist theory

rehabilitationist theory

relationship of theories

retributivism. See also Retributivism

sentencing system, impact on

for solicitation

strict criminal liability

utilitarianism. See also Utilitarianism

Purposefully

complicity

conspiracy

MPC

Purposes of punishment

Rage, defense based on

Rape

actus reus of

age, effect of

attacking credibility of complainant

common law

consented sexual relations

contemporary law reform

corroboration requirement

by deception

definition

first-degree

fraud

gross sexual imposition

intoxication

mens rea of

MPC

resistance by victim

second-degree

solicitation by spouse

spousal immunity

statutory rape, 120n3

threat of force

use of force

Rape shield laws

Reagan assassination attempt

Real property, defense of

Reasonableness

duress, reasonableness of fear

mistake of fact

self-defense

Reasonable reliance

Recklessness

involuntary manslaughter

manslaughter

medical treatment

mens rea

MPC

Regulatory offenses

Rehabilitationist theory of punishment

Renunciation

Res ipsa loquitur

Result, definition

Retributivism. See also Utilitarianism

mental state, role of

on negligence

on self-defense

as theory of punishment

Right to carry laws

Rule of lenity

Second-degree murder

Second-degree rape

Self-defense

aggressor’s intents

by battered wives

defense of others

duty to retreat

imminence requirements

lack of alternative

mens rea of

mistake and reasonableness

MPC

not unlawful aggressor

overview

proportionality and subjectivity

requirements for

right to carry laws

“stand your ground” laws

time frames

Trayvon Martin case

withdrawal

Sentencing systems. See also Juvenile justice system

indeterminate

punishment, impact of

Sexual predator laws. See also Rape

child pornography

Megan’s Laws

Shield cases

Social background as cause of criminality

Solicitation

abandonment defense

actus reus of

common law

conspiracy compared

definitions

factual impossibility

immunity for crime solicited

impossibility defense

innocent agents

by law enforcement agents

legal impossibility

mens rea of

MPC

punishment for

responsibility for crime solicited

Sources of criminal law

Specific intent

crimes

mens rea

mistake of fact

Spousal immunity from rape charges

Stalking

“Stand your ground” laws

Statutory law

mens rea, interpretation of

as source of criminal law

Statutory rape

Strict criminal liability

alternatives to

causation

common law

constitutionality of

critique of

definition

elements of

greater crime theory

historic cases

indicia of

innocent actors

mala in se versus mala prohibita

material elements of

methodology for

MPC

public welfare offenses

punishment

sentencing factors

vicarious liability versus

Subjectivity, self-defense

Terrorism, necessity

Theft

embezzlement. See also Embezzlement

false pretenses3. See also False pretenses

grading of offenses

larceny. See also Larceny

MPC

“Three strikes” laws

Time frames

Torts

causation

common law

Torture, necessity

Transferred intent

Trayvon Martin case

Treason, complicity for

Urban survival syndrome

Use of force. See Force, use of

Utilitarianism. See also Retributivism

critique of

deterrence theory

excuse, explanation of

incapacitationist theory

mental state, role of

on negligence

rehabilitationist theory

on self-defense

as theory of punishment

Venue

complicity

conspiracy, choice of venue

Vicarious liability

Void for vagueness

Voluntary acts. See also Actus reus

Voluntary manslaughter

“cooling off”

cumulative provocation

“heat of passion”

legally adequate protection

MPC

reasonable man test

rules of

time framing

Weapons, right to carry laws

Wharton’s rule

Willful blindness

Willfully

Withdrawal, defense against conspiracy

XYY chromosome defense