CRIMINAL LAW
CLARK
SPRING 2012
1. Theories for Punishment
a. Deterrence
b. Retribution
c. Isolation
d. Education
e. Rehabilitation
2. Burden of Proof
a. Beyond a reasonable doubt – Government burden. Davis v. US, p.199
i. Burden of production – sufficient evidence to permit trier of fact to make ultimate determination of guilt (Sufficiency of the evidence)
1. Jurisdictions vary – make an argument
ii. Burden of persuasion – government must prove to such an extent that none of the jurors harbor sufficient doubt.
iii. D need not offer any evidence to prove innocence or disprove facts of prima facie
b. Preponderance of the evidence
c. MPC – §1.12 – Burden of Proof (p. 209)
3. Prosecution/Defense Theory (Stagner v. Wyoming)
a. Requested jury instructions for theory of the case must be given when fairly supported by the evidence
4. Affirmative Defenses
a. Mullaney problem – where malice aforethought is an element, DPC prohibits burden to shift from prosecution to defendant.
i. Patterson v. New York – prosecution does not have to prove affirmative defense – no due process violation if left to D to prove. How far can legislature go in making an element an affirmative defense?
ii. Kloess – any defense which tends to negate an element of the crime, sufficiently raised by D, must be disproved by the government.
b. MPC – §1.12 – Affirmative Defenses (p.209)
5. Evidence
a. Direct – physical evidence, eyewitness statements,
b. Circumstantial – proves a fact in issue by proving other events
6. Jurisdiction and Venue
a. Trial held in state where crime have been committed – Article III §2, cl. 3
i. Venue – may be established by circumstantial evidence, and need to be shown beyond a reasonable doubt
b. Continuing crimes
i. Jenner v. State – venue laid where material element occurred?
ii. Levine v. State – venue may be in more than one location (conspiracy crime)
7. Appellate Standard of Review
a. Abuse of discretion
b. Sufficiency of the evidence – “light most favorable to the government”, w/ all inferences drawn from the facts proven at trial in favor of the guilty verdict. – Burden shifts to D to prove no reasonable juror could have found him guilty.
8. Proportionality – 8th Amendment – cruel and unusual punishment
a. Aggravating factors
i. Murder of peace officer
ii. Murder of any person at correctional facility
iii. Murder of two or more persons – related or unrelated acts
iv. Intentional murder of person involving infliction of torture
v. Murder by a criminal of an eyewitness
9. Capital Murder – Death penalty reserved for most culpable of offenders (p. 39)
10. Plea Bargain
a. Plead guilty to certain charges – lower sentence
b. Waive right to trial and proceed directly to sentencing
c. In exchange for D cooperate/identify investigation other wrongdoers
11. Appeal (p. 49)
a. Insufficient evidence
b. Improper jury instruction
c. Evidentiary challenges
d. Constitutional challenges
12. Criminal Statutes – Interpretation – (p. 61)
a. Legislative intent
b. Plain meaning
c. Legislative history
d. Interpretation tools – Maxims
i. Esjudem generis – general language follows specific terms takes meaning of specific terms – narrow interpretation
ii. When a statutory provision begins with a level of culpability w/o distinguishing b/w the material elements, it applies to all material elements of the offense
iii. Statutory title
iv. Expressio unius est exclusion alterius – expression of one thing is the exclusion of another
v. Rule of Lenity – criminal statutes s/b interpreted narrowly in order to ensure D not convicted of a crime about which person may have been unaware
vi. Vagueness – person must understand what he is expected to do or not to do
vii. Clarity – ordinary men should not have to guess at meaning and differ as to application – (subject to judicial interpretation)
viii. Reasonableness
e. Constitutional issues
i. Federalism- Interstate Commerce issues
ii. DPC Right to privacy – Lawrence v. Texas
iii. Ex Post Facto – after the fact laws are unconstitutional
Felony – Specific Intent Crimes
Ø Burglary – Habitation
o A breaking
o And entering
o Of the dwelling
o Of another
o At nighttime
o With the intent to commit a felony therein
Ø Arson – Habitation
o Malicious
o Burning
o Of the dwelli
substantial step required, like attempt
o Defenses:
§ Factual impossibility – No Defense
§ Withdrawal – No Defense
§ Co-Conspirators Subsequent Crimes – Maybe Defense
Affirmative Defenses
Burden of production – D must introduce some evidence
Burden of persuasion -Prosecutor disprove or,
D prove affirmative defense by a preponderance of the evidence
Defenses – Justification
Ø Self-Defense
Ø Defense of others
Ø Defense of dwelling
Ø Defense of other property
Ø Crime prevention
Ø Use of Force to Effectuate Arrest
Ø Necessity – Choice of Evil
Defenses – Excuse
Ø Duress
Ø Insanity
Ø Entrapment
Ø Intoxication
Ø Mistake of Fact
Ø Mistake of Law
Ø Consent
ELEMENTS OF A CRIME
· For a defendant to be charged with a crime, the prosecution must prove all the elements of the crime:
o Start first with the statute given on the exam or the common law element
A. Actus Reus
Common Law:
Ø Affirmative acts: When criminal liability is based on an affirmative act (as opposed to an omission), there must be a showing that the defendant made some (1) conscious and (2) volitional (3) movement.
Ø Negative Acts (acts of omission): General Rule: No liability for omissions. Defendant’s omission will support a finding of criminal liability only where it is shown that (1) D was under a legal duty (2) D had the necessary knowledge, and (3) it would have been possible for defendant to act.
Ø Possession: Possession crimes do not necessarily dispense w/ the voluntary act requirement, but most courts like the MPC require that D knew of the possession.
