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specific criminal law question

Posted: Mon Oct 18, 2010 11:57 pm
by waitlisted1
criminal:

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

Re: specific criminal law question

Posted: Tue Oct 19, 2010 3:57 pm
by vsg211
Yup

Re: specific criminal law question

Posted: Thu Oct 21, 2010 8:04 am
by William001
I don't understand it.

Re: specific criminal law question

Posted: Thu Oct 21, 2010 9:33 am
by savagecheater
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?

www.top-law-schools.com

Posted: Sat Oct 23, 2010 11:57 pm
by Borhas