# 6442
I. NATURE OF CRIMINAL LAW
A. BURDEN OF PROOF
Every fact necessary to convict a defendant (element) must be proven beyond a reasonable doubt since there is: (1) possible loss of liberty; and ( 2) certainty of stigmatization.Winship 5
1. Mullaney = holds that the burden of disproving a homicide was not simply manslaughter (done in the heat of passion) is on the Prosecutor under the Winship rule. (It’s an element)
o However Patterson = held the EED was an affirmative defense which the burden may be placed on D even under Winship
B. LEGALITY
To be convicted of a crime, a statute must exist on the books.
1. ex post facto
Conviction under statute passed after commission of the offense is unlawful.
2. The rule of lenity
All language of statutes must be construed in favor of the defendant.
MPC- The MPC has not expressly adopted the rule of lenity; it requires that criminal statutes be “construed according to the fair import of their terms.” The MPC directs the courts to construe statutory language to further the general purpose and specific purposes of the statute in cases involving ambiguous language.
3. vagueness
Vague statutes are void under the constitution, because people need notice.
C. JURY
A right to a jury arises if there can be more then a 6 month sentence.
1. Pool = No cognizable group may be left out of a jury pool(don’t need to be on jury, just in pool).
o Taylor 25 = women not being left out since they weren’t drafted is a violation
· Nullification
Jury nullification occurs when juries refuse to convict even though all elements have been met
D. PUNISHMENT
ation.
a. Deterrence may be specific or general. Deterrence is specific whenit ensure that this D does not commit crime again, and general when others knowledge of the punishment prevents their commission of crimes.
b. Incapacitation prevents defendants from going out in society and recidivating.
c. Rehabilitation is locking people up to fix them up.
2. Under Retribution, because a Defendant did some harm, we harm him even if society has no gain from it.
3) CIVIL CONFINEMENT
Civil confinement is regulatory and not punitive. The result is that it does have some of the requirements of criminal confinement (standard of proof, due process, no cruel and unusual).
o Salerno 52 = detention before trial is non-punitive since the legislative intent show us that… and there’s always Presumption that its non-punitive and burden on D to show that’s it is.
o Smith 84 = by sex offender the court says 2 step analysis: First, look at legislative intent (express or inferred) Second, even if its intent was non-punitive, is it to punitive that it negates the intent (need clear proof)
II. ACTUS REUS
Conviction of a crime usually needs a voluntary act. In limited cases an omission or failure to act is sufficient where there is a legal duty to act.
A. An ACT is a “muscular transaction.” (being addicted or being a passenger in a trespassing car are not acts)
A Voluntary act is a voluntary muscular movement.
