Criminal Law Outline
Chapters
1. Theories of Punishment
2. Criminal Statutes
3. Actus Reus
4. Mens Rea
5. Causation
6. Concurrence and Proof of Elements
7. Proving the Case
a. Did not do
8. Homicide
9. Rape
a. Did not do
10. Theft and Property Offenses
a. Did not do in class
11. Attempt
12. Solicitation
13. Conspiracy
14. Accomplice Liability
15. Defenses
16. Defending Self, Others and Property
17. Necessity and Duress
18. Entrapment
19. Insanity and Diminished Capacity
20. Intoxication
Chapter 1: Principles of Punishment
What is a Crime?
· Conduct that will incur a formal and solemn pronouncement of the moral condemnation of a community
o Is followed by punishment for such actions
The Queen v. Dudley and Stephens (1884-85)
· Has been described as the “best criminal law case” by a few professors because it has examples of all sorts of the aspects of criminal law and some of the exceptions
o Excuses and Justifications:
§ What would society do if they were put into a similar situation?
o Jurisdiction
Theories of Punishment
Criminal law serves as:
Deterrence
Considered utilitarian
Rehabilitation
Makes a person a better individual and citizen for the future
Isolation
A variation of deterrence where the wrongdoer is isolated from the rest of society
Not pure deterrence because it does not require the defendant to change his behavior
Education
Educates the rest of society as to what is considered wrong or evil
Retribution
Looks to the past rather than the future of society in order to correct wrongdoings rather than prevent them
Communicative retribution
Looks not only at society as a whole but also looks into how certain groups in a society may feel about a particular “crime”
Involves a combination of the wrongfulness of the act, the degree of the harm caused, and the mental state of the time at the offense
Torts versus Crimes
Individual rights/needs and society’s needs
In torts, damages or retribution may not have any effect upon a defendant
Sentencing:
Things to consider when determining the appropriate sentence
Nature of the offense
How would society want to protect itself from the offense?
Character of the Offender
Things to consider:
i. Upbringing
ii. Childhood
iii. Family
iv. Grades
v. Intelligence
vi. Neuropsychological examination
vii. Previous criminal activity
viii. Abuse of power, intelligence, skill, or anything that an average individual does not possess
Protection of Public Interest
Which sentence will best serve the public’s interest in preventing criminal conduct and punishing the criminal offender?
Sentencing Under the Federal Guidelines
Indeterminate Sentencing
A sentence of unspecified duration
Ex: 10-20 years
A maximum prison term that the parol
ct social purposes for offering capital punishment:
1) retribution
2) deterrence
“5 Aggregating Factors” for recommending the death penalty:
1) Murdering a police officer in their line of duty
2) Murder of anyone while in a correctional facility (prison)
3) The Murder of 2 or more people
4) Murder involving the infliction of torture
5) The murder of any public servants such as jurors, judges, witnesses, investigators, and lawyers
There are more of these factors under §210.6 of the Model Penal Code (MPC)
Victim Impact Statements
Varies state by state as to whether they will be heard when determining the punishment
Should only be limited to specific details concerning whether the victim left dependants, parents, or siblings
Should only provide a “quick glimpse” into the victim’s life
Chapter 2: Criminal Statutes
Basics of Criminal Prosecution
Investigation
Generally done by police
Charges
Based upon what a crime is as defined by law
Accusatory Document
Indictment
Prosecution by the prosecutor
Investigation
Pre-trial motions
Exclusion of evidence
Request to dismiss the charges for insufficient evidence or failure to charge a crime
Trial
Plea-Bargains
Clark does not seem to agree with plea bargains
US is more diverse than traditional English system
Allows the defendant to plead guilty in order
