CRIMINAL LAW
BASIC PRINCIPLES
Definition of a crime: conduct, which shown to have taken place, incurs the formal and solemn pronouncement of the moral condemnation of the community
Every crime consists of: Actus Reus + Mens Rea + Causation – Defenses = Crime
For MC look & see what she is asking for. This is a hierarchy; want to see if you can knock out one of these to get the correct answer.
Elements of a Crime Defined:
A. Actus Reus: the voluntary act that caused the social harm
B. Mens Rea: the morally blameworthy state of mind/the specific mental state
Ex.: (defined diff. than torts.) (this is a highest to lowest scale)
Model Penal Code 2.02
· Purpose – both knowledge that the requisite external circumstances exist, and it is the actor’s conscious object to perform an action or cause a result
· Knowledge – just knowledge of the requisite external circumstances (aware that it is practically certain that conduct will cause a result); willfully means knowingly
· Recklessness – consciously disregards a substantial and unjustifiable risk
· Negligence – should be aware of a substantial and unjustifiable risk (failure to do so must result from a gross deviation of reasonable standard of care
C. Causation: the factual cause, also known as the but-for test, and the proximate or legal cause, also known as the substantial factor test. (Have to consider foreseeability and intervening v. superceding)
D. Defenses: defendant can be acquitted due to this, even if all the above elements are proved. A justification is an act that society condones, such as self-defense, defense of others, defense of property, and necessity. An excuse just means that the defendant is not morally blameworthy, such as insanity, intoxication, and diminished capacity.
Theories of Punishment:
A. Retribution: “Eye for an eye.” Punishment imposed based on societal revenge by giving the defendant just deserts.
B. Rehabilitation: correct the defendant’s behavior by giving him opportunities, through programs, to reform his conduct according to society’s norms so that he does not commit any future crimes.
C. Incapacitation: keeping the defendant in prison so that he has lesser opportunities to commit more crimes, and to keep him away from the rest of society.
D. Specific Deterrence: punishment of the individual to specifically deter him from committing any future crimes
E. General Deterrence: punishment of the individual in order to deter others from committing the same or similar crimes, as they would be afraid of receiving the same punishment. Thought to reduce crime overall.
Presumption of Innocence/Burden of Proof: the prosecution bears the burden of proving all the elements of the offense/crime using the standard of proof “beyond a reasonable doubt.” The defense has the burden of persuasion for any affirmative defenses by a “preponderance of the evidence.” Affirmative defenses include justifications and excuses.
Void for vagueness:this deals with statutes that are so vague/unclear that it is not capable of being reasonably interpreted. It also has the effect of criminalizing conduct that is not criminal.
The statute must:
1. Give fair notice that the conduct is not lawful and this must be clear to a person of ordinary intelligence, and a judge should be able to know how to apply the statute, and the defense attorney must be able to know how to defend against it.
2. It also must not encourage arbitrary enforcement of the law, such that police officers are not given unfettered discretionthat they may abuse.
Ask two questions when looking at a statute:
Did the accused violate the statute factually?
Is the statute constitutional?
**Normal people should understand what is criminal, not just after you are arrested (but this is a legal fiction because the lawyer is supposed to understand and the ordinary citizen will not)
Statutory Interpretation:
A.Plain meaning: first read the statute and note the grammar. Ordinary, common sense meaning of the words, can look up words in dictionary and apply those meaning(s)
B. Canons of Construction:used to help resolve ambiguity
1. Lists and Other Associated Terms
a. Noscitur a sociis: The meaning of doubtful terms or phrases may be determined by reference to their relationship with other associated words or phrases
b. Ejusdem generis: where general words follow a specific enumeration of persons or things, the general words should be limited to persons or things similar to those specifically enumerated
2. Statutory Structure: a statute is to be considered in all its parts when construing any one of them
3. Statutory Amendment: a statute should be construed to be consistent with subsequent statutory amendments
4. **Avoiding absurdity: ultimately a statute should be interpreted in a way that avoids absurd results
C. Legislative History: when the plain language and canons of statutory interpretation fail to resolve statutory ambiguity, we will resort to legislative history
Rule of Lenity: if a statute is ambiguous (go through all of the statutory interpretation rules and still ambiguous) and is capable of two different interpretations, the court goes with the interpretation that favors the defendant. The ambiguity is resolved in the defendant’s favor, as criminal statutes are strictly construed against the government.
Can’t do b/c the Constitution says you can’t:
Ø Ex post facto laws: the legislature is forbidden by the constitution to retroactively apply laws in these circumstances:
1. Making an act criminal that at the time it was done it was not criminal
2. Aggravating a crime or increasing the punishment for it
3. Changing the rules of evidence to the defendant’s detriment
4. Altering a criminal procedure rule to deprive the defendant of a substantive right.
Ø Bills of attainder: the legislature is prohibited from punishing an individual or denying him a privilege without a judicial trial.
Ø 8th Amendment: prohibits “cruel and unusual” punishment, excessive fines, and excessive bail. It relates to
from his conduct. The actor knows something will happen & consciously disregards this & does the act anyway.
Ø Negligence: should be aware of a substantial and unjustifiable risk, where the Δ failed to perceive the risk or be aware of the risk that will result from his conduct. The actor should have known.
*This is a hierarchy.
**Can’t go down the list if the statute says have to do i.e. “purposely”- have to find this or else mens rea is not met
*** For specific intent crimes if recklessness can also prove with any of the higher ones (knowingly or purposely)
****If you raise a justification, i.e. self defense, then you have met the mens rea (of purposely, for example)
Surrounding circumstances: intent can be inferred (circumstantial) from the totality of the circumstances surrounding the defendant’s conduct
Natural and Probable Consequences Doctrine: a reasonable juror can infer that a person ordinarily intends the foreseeable consequences of his actions
Transferred intent: “bad aim.” A Δ is criminally liable when he attempts to kill a person but accidentally kills another person instead. Δ will be liable for the attempted murder of his intended victim and the murder of his intended victim. This is a public policy that requires the Δ to be subject to the same criminal liability imposed if he had kills the intended victim.
Willful Blindness: the deliberate intent to avoid guilty knowledge makes the Δ liable for the crime as if he had done it himself. Willful blindness is equated to actual knowledge.
Strict liability:statute does not contain a mens rea element and so you don’t have to prove mental state, only have to show actus reus and causation.
Public welfare offenses: are common strict liability crimes where the purpose is to impose light penalties in order to regulate the social order, such as traffic laws.
Non public welfare offense: limited to statutory rape
Two part test to determine whether a crime is a strict liability crime or general intent crime:
1. Nature of the statute. Is the statute regulating or is it a light penalty? If Yes, then probably a strict liability crime.
2. The particular character of the regulated item. Public welfare or non-public welfare? If public welfare probably a strict liability crime.
Rules for strict liability:
Mens rea is a general principle present in all crimes and must be proved, unless the legislature includes a specific intent requirement or it is
