Criminal Law Outline

BURDEN OF PROOF
COMMON LAW:
§ 1.12 (1)
MPC places a greater burden of proof on prosecutor than the constitution requires.
§ 1.13 (9).
ELEMENT OF OFFENSE
MPC
(a)
MPC
CULPABILITY ACTUS REUS AND MENS REA
material element is any element relating to harm evil, of offense included in definition of offense, (b) negatives an excuse or justification, (c) negatives an excuse or justification of conduct (d) negatives a defense under the statute of limitations, (e) establishes jurisdiction or venue.§ 1.13 (9) (i), (ii), (iii) conduct, attendant circumstances, such a result of conduct as is§ 1.13 (10)
ACTUS REUS
The physical or external component of the crime, as distinguished from the mental or internal component of the crime.
Maybe an act or an omission.
VOLUNTARY ACTS:
MPC
COMMON LAW
§ 2.01 (1)
Defines a voluntary act by what it is not.
Any self induced, willed, muscular, contraction or bodily movement where willed means the act is controlled by the mind of the actor.
People v. Newton, Martin v State, State v Utter combined.
 
RATIONALE:
Commentaries at 214-215 (1985)
It would be unjust for society to punish for thoughts alone. If we go beyond this then personal security and freedom begins to be undermined since we start punishing for involuntary movement and failure to act. People whose involuntary acts threaten harm may present a public health problem that is better treated by therapy as opposed to correction.
RATIONALE
Deterrence
Retributive
Constitution
: The Supreme Court has never expressly held that punishment of an involuntary act is unconstitutional. However it has invalidated some statutes that prohibit “status” or “condition,”rather than conduct. Robinson v California.: Blame and punishment presuppose free will: Cannot deter a person that acts involuntarily
Require only that one aspect of his conduct be voluntary
SAME People v. Decina Epileptic guilty even though the only voluntary act was his getting into the car to drive.
MAJ
§ 2.01 (4) Possession
is an act, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
 
HABITS ARE VOLUNTARY
 
The MPC specifically defines habits as voluntary. This may be as a result of social policy in that it will criminalise conduct that is harmful and prevent abuse of defense.
INVOLUNTARY ACTS
MPC
COMMON LAW
§ 2.01 (2)
The following are not voluntary:
(a)
Reflex or convulsion(b) bodily movement during unconsciousness or sleep
(c)
conduct during hypnosis or resulting from hypnotic suggestion (d) a bodily movement that is not a product of the effort or determination of the actor or conscious or habitual.
Habits are not involuntary.
Bratty v Attorney General
An automatism or an act done by the muscles without any control by the mind such as a spasm,
reflex action or convulsion; or an act done by a person who is not conscious of what he is doing such as an act done while suffering from concussion or whilst sleepwalking. An act is not involuntary simply because the doer could not remember it or control his impulse to do it. Nor is an act to be regarded as involuntary because it is unintentional or its consequences are unforeseen.
VOLUNTARY AND INVOLUNTARY CASE LAW
CASE
RELEVANCE
Martin v State
MPC 2.01 (2) (d) The vagueness of MPC might make a defense
Possible.
(MIN)
Man drunk at his home. Police arrest him here and take him onto highway. Try to charge him with being drunk on a public highway. Not guilty. Statute presupposes a voluntary act. For liability you must have voluntary act.
Involuntary acts may be threatening but it is not the purpose of the penal system to punish such acts.
People v. Newton (
MPC 2.01 (2) (b)
…during unconsciousness or sleep. Court leeway to focus on link in chain of causation
MAJ)
Struggle between policeman and Newton when Newton forced out of the car. Trial court not instructed and says voluntary manslaughter.
Newton was unconscious. Not guilty because
D appeals on the basis that the jury should have been instructed on his unconsciousness. Newton had a gun and was wrestling with policeman for its possession when shot in gut became unconscious and fired pointblank at policeman 4 or 5 times. Court saidNO VOLUNTARY ACT.
Unconsciousness is a complete defense to homicide.
People v. Decina
Epileptic guilty because he should have known that there was a chance of him having a seizure. Took a calculated risk (
reckless) in driving the car.
UNDER THE MPC. A person is not guilty if he is his actions are not voluntary. The outcome of these cases under the MPC would depend on which aspect of the chain of causation the judge wanted to focus on. Newton was voluntarily carrying a gun and Martin was voluntarily drunk. The MPC was probably vague in its definition of voluntary act to give the judges leeway in condemning conduct.
For DecinaInteresting that recklessness is the default M. Rea under the code.
NOTE:
NONACTIONS
EXCUSED ACTIONS
Actions misfire in a basic way
Actions are done mistakenly, accidentally, compulsorily or under duress
No Act
Act is excused
Seizures, Convulsions, Reflex, Somnambulism
Mistake, Accident, Compulsorily, Under duress
The distinction between these
is important in strict liability cases.
PHILOSOPHY
Blackstone
To be a crime must have
will and act
Stephen
We would all be criminals if we were to remove the restriction that Criminal law does not extend to Mens Rea only but must have accompanying Actus reus
Dworkin &Blumenfield
How would you enforce Mens rea alone. Then A statement like I wish you were dead would be criminal
Glanville Williams
Who will be the judge capable of deciding whether a person is daydreaming or intending
Abraham, Goldstein
Too much power for the state if they can punish on thoughts alone.
Actus reus requirement of a crime distinguishes between individuals who are kept in check by societies deterrence mechanisms and those who have crossed the line and will collect anyway.
 
In treason words may be the act.
 
OMMISSIONS:
MPC
COMMON LAW
Omissions based ON:
(1) Contracts
(2) Status based
(3) Special statutory duties. The MPC seems to limit omissions liability based