Criminal Law Wednesday, 2:30 – 3:50 p.m.
Section 02 Thursday, 2:30 – 3:50 p.m.
Professor Lynn Branham Fall Term, 2007
SYLLABUS
Crime
Model Penal Code
Common Law
“Act Requirement”
Not guilty of offense unless his liability is based on his voluntary conduct or omission to perform an act in which he is capable.
Following not voluntary: reflex or convulsion, bodily movement during unconsciousness or sleep, Conduct during hypnosis, any body movement not the product of his effort.
Liability for omission is not an offense unless: if it is made by law that the omission is a crime; if there is a duty to perform the omitted act is otherwise imposed by law.
Possession is an act if he is aware of his control and had been able to terminate his possession.
Act must be voluntary
Omission- a person does not have a duty to act to prevent harm to another, except:
Legal Duty to act, If there is a special relationship to the person in peril; Contraction obligation.
Omissions following act; If there is a creation of risk; Voluntary Assistance
Statutory Duty
MENS REA
Purposely: He consciously engages in conduct or will cause such a result.
Knowingly: The actor is aware with practically certainty that his conduct will cause such a result.
Recklessly: A person acts recklessly if he 1) consciously disregards a substantial and unjustified risk that the material element exists OR will result from his conduct.
Negligently: A person acts negligently with respect to a material element of an offense whe he 1) should be aware of a substantial and unjustified risk that will result from his conduct.
DIFFERENCE BETWEEN NEGLIGENCE AND RECKLESSNESS: 1) Reckless- consciously disregards the risk. 2) Negligently- actor’s risk-taking is inadvertent
Specific Intent: Require a specific motive
General Intent:
Strict Liability:
Mistake of Fact
153 – 157
160 – 168
Specific Intent Offenses:
Basic Rule: A defendant is not guilty of an offense if his mistake of fact negates the specific intent mens rea requirement.
Can be Both Unreasonable and Reasonable
General Intent Offenses:
1. Is not guilty if his mistake of fact was reasonable, but guilty if his mistake in fact is unreasonable.
Mistake of Law
A defendant is NOT GUILTY of an offense if she does not believe that her conduct was illegal, and the statute defining the offense:
1. Is NOT known to her; AND
2. Was not published or otherwise reasonably made available to her before she violated the law.
General Rule:
Ignorance of the Law is no excuse
Unless:
Reliance Doctrine: An actor will be excused for committing a criminal offense if he reasonable relies on an official statement of the law, later determined to be erroneous, obtained from a
ssion of a misdemeanor.
MPC.
COMMON LAW
Rape
Don’t Need to Know
Rape
ELEMNTS
Forcibly;
By means of certain forms of deception;
while the female is asleep or unconscious; or
Upon which a female is incompetent to give consent.
Forcible Rape:
Proof female did not give consent
And was by force.
Lack of Consent:
May be internally not consent, but fail to manifest it objectively.
If told verbally no.
Consent has to be voluntary
Voluntary Consent may be withdrawn at any time. However if female withdraws consent after penetration but during the sexual act- not rape.
Force:
1. If the perpretator used or threatened to use extreme force, the element of force is satisfied.
2. Female Resistance Required: – Must resist the male’s unwanted overtures and 2) her resistance was overcome by force or she was prevented from resisting by threats to her safety.
3. She must physically respond in a manner that demonstrates her lack of consent.
Threat v. Foce:
1. She must have both a subjective apprehension of serious harm and some conduct that places her in reasonable apprehension for her safety, are required.
