Criminal Law Outline

Criminal Law – Fall 2015

Jeff Kirchmeier

BEFORE YOU DO ANYTHING ELSE, SAY:

Prosecution has the burden of establishing elements of a crime: actus reus, mens rea and, for result crimes, causation beyond a reasonable doubt.

Sources of Law

· Common law

· Statutory law (New York Penal Code, Model Penal Code)

· Constitutional law

· Administrative law (agencies like EPA)

Theories of Punishment

Utilitarian

Retributive

Punishment is for benefit of society

Punishment because someone morally “deserves” it

General deterrence

“an eye for an eye”

Individual deterrence

“just deserts”

Incapacitation

Rehabilitation

The Queen v. Dudley and Stephens: lost at sea cannibalism.

Killing someone out of necessity isn’t justifiable, unless it’s committed in self-defense.

People v. Du: liquor store owner kills black teen.

A prison sentence for a crime involving a deadly weapon shouldn’t be reduced to probation unless it’s an unusual case, like this one, where interests of justice would best be served by probation. (Sentencing objectives: protect society, punish ∆, encourage ∆ to lead law-abiding life, deter others, isolate ∆, secure restitution to victim, seek uniformity in sentencing.)

Proof Beyond a Reasonable Doubt (Due Process)

Owens v. State: drunk man in running car charged with driving while intoxicated.

A conviction may be based on circumstantial evidence alone if the circumstances are such that they are inconsistent with any reasonable hypothesis of innocence.

Jury Nullification

When jury ignores judge’s instructions on the law and the facts and acquits ∆

State v. Ragland

The power of a jury to nullify the law isn’t essential to a criminal defendant’s right to trial by jury.

Role of Criminal Statutes

Commonwealth v. Mochan: dirty calls to married woman, charged with intention to “debauch and corrupt.”

An unlawful act which injures public morals or health of the community is indictable. Dissent: no law prohibiting these acts; legislature should determine what is a crime.

Legality: no penalty without law (In order to punish someone, there must first be a statute)

Statutory Clarity

Lenity: doctrine of strict construction in favor of defendant; not part of NYPL or MPC – they use legislative intent

What if legislature isn’t clear?

Intent of legislature controls interpretation of statute.

· If statute is clear/unambiguous: apply.

· If statute is ambiguous: interpret to serve legislative intent.

Keeler v. Superior Court: kicked ex-wife, killing unborn baby. Statute: “murder is the unlawful killing of a human being with malice aforethought.”

A viable fetus is not a “human being” based on intent of the legislature.

In re Banks: Peeping Tom statute. A statute is not void for vagueness if it gives fair notice of the criminalized conduct and provides sufficient guidance to judges and defending lawyers.