Criminal Law Outline

Criminal Law Outline Fall 2011 – Professor Tchividjian
 
I. Criminal Act
·         A. The Need for An Actus Reus – 2 requirements for a Criminal Act (Actus Reus and Mens Rea)
o   Actus Reus – (Overt Act – Criminal or bad act)
o   In general, the Act must be related to and conducted in furtherance of criminal intent
§  Three elements
·         1. Voluntary Act – it is sufficient that the D’s conduct included a voluntary act – People v. Grant
·         2. That Causes
·         3. Social Harm
o   Individual harm – Lawrence v. Texas
o   Harm to Society – Prostitution
·         Act requires “Conduct”
o   Acts v. Thoughts
§  Thoughts unaccompanied by acts do not constitute Actus Reus
o   Acts v. Omissions
§  Legal duty is an element of commission by omission
o   “Possession” constitutes an Act
§  Actual possession
§  Constructive possession
·         The Act must be defined with specificity
§  Statutory formula – AR = CE + RE (opt) + ACE (Actus Reus, Conduct element, Result element, Attendant circumstances element)
·         B. Omissions
o   Common Law –
§  Generally – No legal duty to act in order to prevent harm to another
§  4 reasons why one can be held criminally liable
·         1. Statute
·         2. Relationship status
·         3. One has assumed a contractual duty to care for another
·         4. Where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.
·         (Other – duty based on creation of risk – a person who harms another or places a person in jeopardy of harm or who damages property, even if unintentionally, has a common law duty to render assistance.)
§  Criminal law distinguishes between an act that affirmatively causes harm, and the failure ob a bystander to take measures to prevent harm.
o   MPC
§  Consistent with the common law. Liability on an omission may be found in 2 circumstances:
·         1. If the law defining the offense provides for it; or
·         2. If the duty to act is “otherwise imposed by law.”
·         The latter category incorporates duties arising under civil law, such as torts or contract law.
·         C. Possession
o   D knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession
o   Constructive Possession
§  Power and intention to exercise control or domain and control over an object not in one’s actual possession (*power over it and intention to exercise that power)
§  Often proved by nothing more than circumstantial evidence
·         D. The Requirement of Harm (Social Harm)
o   There is harm and Potential harm
o   Lawrence v. Texas
o   Conduct Crimes – criminal behavior that has no result (negative behavior)
o   Result Crimes – criminal behavior that results in negative outcome
o   Combined “Result’ and “Conduct” elements – some offenses contain both “conduct” and “result” elements
o   Attendant Circumstances – is a fact or condition that must be present at the time the D engages in the prohibited and/or causes the prohibited result that constitutes the social harm of the offense. (Often time it is an element of the offense)
·         E. The Requirement of Voluntariness
o   People v. Newton – voluntary act needed
o   People v. Grant
§  Not every act has to be voluntary nor the last act
§  The acts were the actual and proximate cause which caused the harm needed to be voluntary.
o   Common Law
§  Can be an omission of a legal duty (negative act)
·         Contractual duty
·         Relationship
·         Assumption (voluntary)
·         Made the risk of harm (not just being involved)
·         Statutory duty
o   No duty to inform the police of another’s future plans to commit an offense
§  An act that does not involve the mind is not an act
·         Not unconscious and conditioned response
·         Not automatism
o   MPC – §2.01
§  Similar to common law
§  Must be a voluntary act
§  Omission must be a duty expressly made by law
§  An act that does not involve the mind is not an act
·         Not a reflex, convulsion, unconscious bodily movement, hypnosis
§  Possession is an act (if aware)
·         F. The Prohibition of “Status” Crimes
o   Robinson v. CA – was merely being punished for status
·         G. Legality
o   What makes something illegal?
§  Either state or common law
§  Hudson – Federal law must be made illegal by statute
§  State v. Egan – Whatever is not stated in the statute, then the Court may look to the common law; may look to English and American cases; However – some States do not criminalize common law
§  Rogers v. TN – Abolished the year and the day rule; Judicial alteration cannot be given retroactive effect if it is unexpected and indefensible
·         H. Specificity
 
II. Guilty Mind
·         A. Mens Rea – “Guilty Mind”
o   General (theoretical) – general immorality of motive; general moral blame worthiness
o   Criminal (practical) – particular mental state provided for in defense offense
§  Generally provided for by statute
§  Sientor – mens rea
§  Malemen se – inherently wrong/evil
§  Maleme prohibitum – conduct is illegal/wrong because government (we) say it is
o   4 Common Law Mental States
o   Specific Intent Crimes
§  Assault
§  1st degree premeditated murder
§  Embezzlement
§  False pretenses
§  Larceny
§  Robbery
§  Forgery
§  Burglary
§  Solicitation, Conspiracy, Attempt
o   Malice – when a D acts intentionally or with reckless disregard of an obvious or known risk
§  Murder
§  Arson
o   General Intent – D need be only generally aware of the factors constituting a crime, need not intend a specific result
§  Battery
§  Rape (force)
§  Kidnapping
o   Strict Liability – Offense that do not require evil intent/mens rea element/Act only
§  Public welfare – regulatory or morality that have small penalties
§  Statutory rape – carries a severe penalty
§  1. Substantive
§  2. Pure
§  3. Impure
o   Common Law
§  Generally there will be NO mens rea requirement anywhere in the statute; actus reus is enough!
§  But some statutes have a mixture of strict liability elements and mens rea elements
§  Legislature is NOT concerned about Evil conduct; just wants to keep people from doing Harmful things
§  Existence of mens rea = rule, not exception. Old common law position (default to mens rea) is that there MUST be intent, so courts will IMPLY mens rea… UNLESS Congress expressed/implied strict l