CRIMINAL LAW
JONES
FALL 2016
Ch. 1 Introduction
A. PROOF OF GUILT AT TRIAL:
1. Burden of Proof: (going forward) Beyond reasonable doubt. Government must prove every element of the crime. If D raises a defense (of persuasion), On ∆ to show evidence of that defense).
2. Presumption of innocence: D is presumed innocent.
● Policy: Better to let ten guilty men go free than one innocent man to go to jail.
B. JURY NULLIFICATION: (6th: Right to trial by jury)
● Not a right, but a power
● Jurors have raw power to acquit an individual, even if prosecutor proves BRD that the accused committed a crime.
● Policy: leave the power in the people’s hands
● (5th: no double jeopardy: violates Due Process).
Ch. 2 Principles of Punishment
A. Proportionality of Punishment 8th: Amendment
● forbids cruel and unusual punishment
● prohibits sentences that are disproportionate to the crime
1. What 3 factors may be relevant to a determination of whether a sentence is so disproportionate that it violates 8th amendment?
(i) The gravity of the offense and the harshness of the penalty;
(ii) the sentences imposed on other criminals in the same jurisdiction; and
(iii) the sentences imposed for commission of the same crime in other jurisdictions.”
2. Does 8th amendment require strict proportionality between crime and sentence?
No, it only forbids GROSSLY DISPROPORTIONATE
Ch. 3 Modern Role of Criminal Statutes
A. PRINCIPLE OF LEGALITY – person may not be convicted and punished unless her conduct was defined
1. Statutes should be understandable in order to provide fair notice of proscribed conduct. (5th & 14th Amendment, U.S. Const.)
2. Statute should be crafted so they do not provide police, prosecutors, judges, juries opportunity to act in a discriminatory or arbitrary manner.
3. Judicial interpretation of ambiguous statutes must be construed in favor of defendant.
● Ex post facto: already happened, laws already decided (Legislative Violation). Applies to state and Federal Legislatures but not to Judiciary. May criminalize actions that were legal when committed; aggravate a crime; or change the punishment for the crime.
● Due Process: happens during the trial process and try to change statutory interpretation or enlarge meaning of word when at time committed not illegal (Judiciary Violation).
B. STATUTORY CLARITY
Vagueness: (no clear definition), either 1 or 2 makes a statute vague:
1. No notice
2. Authorizes Arbitrary Discriminatory Enforcement
Ambiguity (2 equally reasonable possible definitions)
1. Rule of lenity: 2 or more reasonable interpretations. If there are two ways to interpret the statute where one way would favor the State and one way would favor the accused, the court must side with the accused. It only applies when you are right on the edge.
2. Apparent Purpose:
Ch. 4 Actus Reus
Two (2) components of every crime:
● Objective: the A.R. (the culpable act);
● Subjective: M.R. (criminal intent). In order to establish the actus reus there must be a volitional act.
A. Voluntary Act
ACTUS REUS- Physical component of the crime.
1. Voluntary act
2. That causes
3. Social harm
● (sleepwalking- no culpable act; Unconsciousness (vol. intox.- not a defense; paralyzed arm- no act at all)
● Status Offenses- “found in bed together.” “to be a vagrant.” to be addicted to narcotics”- violative o
:
▪ Words
▪ Actions
▪ Weapon used
▪ Force of blow
c. TRANSFERRED INTENT: liability is attributed to D who,
1. intending to kill (or injure) one person,
2. accidentally kills (or injures) another person instead.
2. Knowledge of Attendant Circumstances:
WILLFUL BLINDNESS: D cannot escape criminal liability for having knowledge of a fact by deliberately shielding himself from clear evidence of critical facts that are strongly suggested by the circumstances.
i.) D must subjectively believe that there is a high probability that a fact exists AND
ii.) D must take deliberate actions to avoid learning of that fact
BOP: “actual knowledge OR acting with knowledge.”
B. MENS REA- moral blameworthiness
1. INTENTIONALLY: When D desires that his acts cause the social harm or acts with knowledge that acts are substantially certain to produce the social harm.
2. KNOWINGLY: D knows that the nature/and or result of his conduct exists as he thinks to be.
3. PURPOSELY: Conscious objective to engage in such conduct or cause such a result.
4. WILLFULLY: Encompasses “intentionally” and “purposely” and also may imply evil purpose in crimes involving moral turpitude.
5. RECKLESSNESS: D was aware of the substantial and unjustifiable risk involved, consciously disregarded it and proceeded with the dangerous conduct.
