specific criminal law question

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waitlisted1
Posts: 38
Joined: Tue Jun 01, 2010 3:39 pm

specific criminal law question

Postby waitlisted1 » Mon Oct 18, 2010 11:57 pm

criminal:

According to the Model Penal Code. is an "attendant circumstance" (i.e. conduct, attendant circumstances, and result) considered a MATERIAL element?

vsg211
Posts: 42
Joined: Tue Jun 30, 2009 2:54 pm

Re: specific criminal law question

Postby vsg211 » Tue Oct 19, 2010 3:57 pm

Yup

William001
Posts: 3
Joined: Mon Oct 11, 2010 6:42 am

Re: specific criminal law question

Postby William001 » Thu Oct 21, 2010 8:04 am

I don't understand it.

savagecheater
Posts: 243
Joined: Wed Dec 02, 2009 6:51 pm

Re: specific criminal law question

Postby savagecheater » Thu Oct 21, 2010 9:33 am

Conduct + Attendant Circumstances + Result

[Shooting the victim] + A. (victim was robbing you while threatening SBI/death) + [victim suffers SBI]

vs.

[Shooting the victim] + B. (victim was being robbed by you, decided to resist after you threatened SBI/death) + [victim suffers SBI]

You see now how it's a material element?

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Borhas
Posts: 4862
Joined: Sun Sep 27, 2009 6:09 pm

Re: specific criminal law question

Postby Borhas » Sat Oct 23, 2010 11:57 pm

William001 wrote:I don't understand it.


just ignore it

it's a fancy way to say "context"




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