TOC: Mental States 1-5. Loitering: 5. {Inchoates: Attempt 5-7 (solic.). Conspiracy 8-11 (assault/reck end.). Complicity: 11-13.} Homicide: 13-15. {Defenses Insanity 16-16. Just/Duress/D of self/others/ law enforcement 17-23. Consent 23. Entrapment 24} Sex. Offenses 25. Women/Race in Law 30/31.
Purpose (Goals) of Criminal Law
1) Punish – there’s a price to pay for crime
2) Deter – discourage the undesired conduct
3) Rehabilitate – punishment will make criminal a better person
4) Retribution – vengeance, justice for the victim
Civil vs. Criminal narrow vs. broad (Civil = compensate, equity (injunct., decl. judg., TRO))
Mental States Culp. Req’ts pg 66: all “w/respect to a Material Element (ME) of the offense.”
1) Purposely: i) Conscious object is to engage in conduct/act to cause an element to occur and:
ii) is aware of the attendant circumstances or believes/hopes they exist.
a) King (anarchist’s purpose was to kill)
2) Knowingly: i) Aware conduct is of a nature/circ. exist involving an element and:
ii) if element involves a result of his conduct, is aware/practically certain/ is aware of a high probability conduct will cause the result.
a) Valet in coach: knew would kill, regretted the inevitable consequence
2) Recklessly: Consciously disregards a subs. & unjust. risk (a gross dev. from std. of conduct a law abiding person would observe) the ME exists/will result from his conduct.
a) Coachman: told a friend was aware bomb may kill, but hoped coachman would survive.
3) Negligently: Should be aware of a subs. & unjust. risk (failure to perceive involves gross deviation from SOC a reasona. person would observe) ME exists or will result from conduct.
a) Bystander: didn’t think about possibility, but was likely enough he should’ve foreseen it.
Model Penal Code § 2.02
(1) Minimum Requirements of Culpability. Except as provided in Section 2.05, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.
(2) Kinds of Culpability Defined.
(a) Purposely.
A person acts purposely with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
(b) Knowingly.
A person acts knowingly with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
(c) Recklessly.
A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
(d) Negligently.
A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
(3) Culpability Required Unless Otherwise Provided. When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto.
(4) Prescribed Culpability Requirement Applies to All Material Elements. When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.
(5) Substitutes for Negligence, Recklessness and Knowledge. When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts purposely, knowingly or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts purposely or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts purposely.
(6) Requirement of Purpose Satisfied if Purpose Is Conditional. When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense.
(7) Requirement of Knowledge Satisfied by Knowledge of High Probability. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist.
(8) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears.
(9) Culpability as to Illegality of Conduct. Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or the Code so provides.
(10) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed purposely, knowingly, recklessly or negligently, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.
§ 2.04. Ignorance or Mistake.
(1) Ignorance or mistake as to a matter of fact or law is a defense if:
(a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
(b) the law provides that the state of mind established by such ignor
Why? Neg. based on reasonable person (objective). Don’t care about mind of D.
3) Absent MPC jurisdiction? – common law (gen/ spec. intent).
Series of Hypos involving Q : “Is knowledge satisfied?”: Stranger: bring this to someone vs. new friend on vac. asks vs. traveling companion asks vs. “You don’t want to know!” vs. take to lost and found. (MPC pg 67: positive knowledge or the high probability of culpable ignorance). Also: convertible vs. bought shopping bag. Break down the statute and analyze piece by piece.
A29 VAGUENESS vs. STRICT CONSTRUCTION: pretrial motions for D: too vague/ broad
1) Loitering Ordinances: MPC pg 90
a) vague in Papachristou v. City of Jacksonville: loitering ord. allows arrest for suspicion
b) But well defined in Cit. Mil. v. Nelson (after MPC): attempt to conceal, flee, or otherwise warrant alarm. Here, gun smoothes over, statute still may be vague.
2) Screws 1940s: Sheriff commits hate crime, charged with violating civil rights
a) “Acting under color of state law, (Ds) willfully deprived him of rights secured by the 14th Amendment; “The right not to be deprived of due process of law.” overbroad.
b) Doesn’t fulfill goals of CrimLaw when we don’t know when the conduct is wrong.
i) must be able to withstand a constitutional test.
§250.6 Loitering or Prowling. A person commits a violation if he loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon the appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstance makes it impracticable, a peace officer shal prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dispelled the alarm.
INCHOATE OFFENSES: permit law enforcement to arrest prior to completion of the crime.
ATTEMPT MPC pg 636: Conviction leads to same punishment as actual crime.
1) Intent + action/ omission equating to a substantial step towards a crime.
a) Difference between preparation vs. crime. Identify exact time in criminal plan liab. attaches
