Criminal Law Outline

 
Lillquist
Criminal Law
Spring 2015
Seton Hall Law
Grade Received: A
 
 
 
A. Justifications
Consequentialism- Cost/Benefits- punishment justified if cost < benefit -Deterrence (Specific/General)   Retributivism- Proportionally punishing b/c deserve it (morally wrong)   B. Legality- offense must be previously defined; forbids retroactive crime making. Vagueness A. Ex post facto-make new crime; aggravate crime; change evidence rules; alter crim pro B. Bouie Doctrine- unexpected & indefensible ∆ in interp. Of law -Rogers- year & day rule not unexpected change. Ensure 1. Ordinary ppl notice to steer clear of unlawful conduct. -Lanzetta- gangster unclear 2. No arbitrary/discriminatory enforcement- need min. guidelines. -Papachiristou- vagrancy law allows targeting social undesirables. -Morales-loitering w/ no apparent purpose   C. Interpretation 1. Plain Meaning Rule- if unambiguous, must follow. -Exception- absurd result (injustice, oppression, or unconst.)- scrivener's error 2. Interpretative Tools -Rule of lenity- resolve tie breakers for D- not law in NJ but argument -Meaning @ time passed- maintain common law -Definitions in statute -Definitions in dictionary -Legislative history -Consistency with other provisions -Background Info -Look at other Jxns and analogous situations -Chevron doctrine- agency interpretation *Purposivists- primary goal is to fulfil the intent of legislature Textualists- Interp. w/ common sense and linguistic conventions.   D. Voluntariness Requirement (1) Effort or determination that is (2) Conscious or Habitual -Sleepwalking not sufficient- (Overton-molests gfs granddaughter sleepwalking) -1 act in chain enough (People v. Decina- reckless b/c drove w/ seizure risk) -Act can't be forced (Martin- cop forced drunk man into public).   Con- act gives evidence to punish and deter; want to stop people from engaging in act, not mere thoughts Ret-need to act to show harm done to society; incentive to not act and thus prevents moral wrongs   Mere Status not enough (Robinson- no drug addict punishment) Can punish addict for action (Powell- public drunkenness)   E. Omissions Failure to perform a duty imposed by law (no general duty to rescue).   Traditional Duties to Act 1. Statute- file taxes 2. Status- (spouse, child) -Sex partner not enough (Beardsley) 3. Voluntarily assumed care 4. Contract Some Not Widely Accepted 1. Existence of peril you case 2. Control over conduct of another 3. Reciprocal duties to aid (joint venture) RET-  Morally blameworthy then giving a duty makes sense. (Oliver- assume/created)   Due process violation to impose duty w/o statute or prior judicial determination -No notice (Lisa- can't use civil duty for criminal liability).   F. Possession (Actual or Constructive) Act- Knowingly procure/receive/possess Omission- aware of control & don't terminate   Constructive Possession- 1. Knowledge of presence 2. Intent to exercise control 3. Capacity to exercise control (Scott)-c.p. over cocaine under driver's seat (Nevils)- innocent explanation may not suffice to dispel c.p. finding. (Riley)- cumulative evidence suffices for child porn possession.   CON- Minimizes social loss; huge prevention technique. RET- Concerned w/ breadth of liability.   G. Law of Theft CL-Larceny- -Trespassory taking and carrying away of personal property with intent to permanently deprive the other of the property. (No actual permanent deprivation required) -Trespassory- have to interfere w/ possession -Constructive -High level employee doesn't break & only larceny when employee sells. -Breaking Bale -Open package then larceny- (taking whole not larceny) -Larceny by Trick -Rex v. Pear- tricked into renting horse but sold. (Intent to steal w/ possession by trick then when sold= larceny   CL- Embezzlement -Fraudulent conversion of personal property of another by a person in lawful possession of the property -Conversion- serious interference w/ owner's rights -Fraudulently- the absence of an intent to return (specific intent) NJ Theft by Deception- Purposely obtains property of another by deception   CL-False Pretenses -False representation of a material past or present fact that causes victim to pass title to his property to wrongdoer who: a. Knows representation false b. Intends to defraud victim -Requires ownership to pass, not just possession -Limited to past or present facts -Victim must rely on statement to cause title passing -Specific intent required for victim to rely and intent to move ownership to himself.   NJ/MPC Theft- "unlawfully takes, or exercises unlawful control over, movable property of another w/ purpose to deprive him thereof" -Theft may also be failure to make required disposition of property. -Diff b/w Larceny & Theft: -Theft applies to all forms of property -Theft does away w/ trespassory req. -Carrying away no longer req. -Specific intent switches to "additional motive" -Combo of CL Embezzlement & Larceny   CL -Robbery -Larceny + property taken from person or presence of the other & that it be accomplished by means of force or putting in fear. -presence=sufficiently close to property that he could've prevented -(aggravated larceny in essence)   NJ Robbery-In the course of committing theft- attempt---flight A. Inflicts bodily injury or uses force upon another; or B. Threatens another with or purposefully puts him in fear of immediate bodily injury; or C. Commits