MPC or Common Law??? Then go through the mens rea, the actus reus. Don’t have to find MR/AR Causation in Defenses. Elemental defense is disproving one of the elements of the crime. Go through essential components of a crime. MPC Can be confusing for homicide First show causation for MPC. Confusing bc have to decide which culpability first then prove it second. 2.03 is it purpose/knowing or negligent/reckless? That decides if ss2 or ss3. Then break out the elements. Walk through elements. Proving each with facts Then possibly prove causation prox or actual For the exam okay to just halfass refer to a case. This like when case x happened and court said y Element 1 then – we are interpreting this as requiring recklessness to satisfy malice. He may have been knowing or purposeful but all we have to do is prove reckless. Reckless is the minimum needed so that’s where we start. OK to acknowledge common law understanding is loose. In Common law, did person act wrongly in a blameworthy way? Etc… So he points out that Jaman was acting outside normal behavior and knew what he was doing. We have no facts about Jamans awareness/ Given that we have no way to prove knowing awareness… What do we need? Tell reader what you would need. That’s what you would do in a memo. If Guha wants defenses he will tell you. Intended consequences is a common law thing but can be used as reference in MPC questions. Concurrence of mens rea and actus reus has to be conduct. NO penalty for bad arguments but YES penalty for false statements. Showed purpose and knowing bc that’s cascading and shows recklessness and negligence BUT extreme indifference is a separate thing that requires purpose and knowing. He “tried” to make sure that we can use note programs concurrently with examsoft. For him, we are good to use other laptop. He does not know what examsoft flags. Conduct- something a person did Consequence – what happens. Circumstance – any material element that is not conduct or result Cause and conduct could be close. Make arguments. May not matter if dealing with purpose but does matter for knowing. If you know MPC you will know the language. See shortcuts and know what not needed to prove. Actus Reus – Conduct/Consequence/Circumstance How to know if element is material. MPC 1.10ssb? MPC needs common for the commission of the offense but not the whole offense Basically meant to light fire didn’t need to mean to burn down building. Flow charts and Checklists!!!! There WILL be a homicide question. No cut and paste from other doc into exam.
