Checklist (Elements of the crime)

1. AR
a. What conduct, circumstance, result, or omission?
b. Was the act voluntary?
c. If an omission, is there a duty?
2. MR
a. What mental state is required for each element?
b. What elements are SL?
c. Can MR be negated by intoxication? (defense)
d. Is there a mistake of fact to negate MR? (defense)
e. Is there a mistake of law to negate MR? (defense)
3. Causation
a. Was there but-for causation?
b. Was there proximate causation?
c. Did an intervening act break the chain of causation?
d. Can intent be transferred?
4. Attempt
a. Is it an incomplete crime?
b. Is it a substantive crime of preparation?
c. Does act or omission meet the test for attempt?
d. Is there intent to commit the crime?
e. Was the attempt abandoned? (defense)
f. Is there an impossibility defense?
5. Complicity
a. Was there an act or omission to encourage or aid the principal?
b. Was there intent to aid or abet the conduct?
c. OR was there MR for the result of the conduct?
d. What kind of vicarious liability?
e. Was aid withdrawn? (defense)
6. Conspiracy
a. Was there an agreement?
b. Was there purpose to commit a crime?
c. What kind of vicarious liability?
d. Was participation in conspiracy withdrawn? (defense
7. Justification defenses
a. Self-defense
i. Was there a belief in serious harm? (does it have to be reasonable?)
ii. Are there any limiting factors – duty to retreat, D was initial aggressor,
accidental self-defense? Liability for bystanders?
b. Defense of property
i. Was deadly force used in defense of habitation?
c. Law enforcement
i. Was use of force authorized? (Risk to bystanders?)
 ii. Was the suspect a felon? Did suspect pose a risk of physical harm?
d. Necessity
i. Was the harm avoided > harm caused by offense?
ii. Is there an imminence requirement?
iii. Is there a legislative purpose precluding the defense?
iv. Did the situation arise through the fault of the actor?
v. If D killed someone, was it P (bad) or K (good)?
8. Excuse Defenses
a. Duress
i. Was there force or threat of force? Seriousness of force?
ii. If reasonableness allowed, what subjective factors?
iii. Is there a defense to homicide? (MPC not CL)
b. Insanity
i. Was there a volitional or cognitive failure?
ii. If cognitive, did D not know conduct was morally or legally wrong?
iii. What kind of mental disease?
iv. Competence to stand trial?