Criminal Law
Professor Flowers
Fall 2015
I. How to Interpret Statutes/what are the Reasons courts use for their decisions. (THAP)
A. Textual
1. Plain Language
2. When a list of items ends open-ended, construe the item in question in accordance with the previous list of specifics.
3. Meaning of a particular term in a statute may be ascertained by reference to words associated with them in a statute
4. The expression of one thing is the exclusion of another.
5. Structure of the statute to determine whether the mens rea applies to all elements.
a. Presumption under the MPC
b. Worthy case—mens rea in introduction to entire statute
B. Legislative History (Reports of legislative debates, Statements by legislatures, preambles to laws): What did the Legislature say was the reason they were enacting this law
C. Another Case (Precedent—Binding or Persuasive)—Common Law
D. Policy—Why does this interpretation further an important interest
E. Rule of Lenity: If a statute is ambiguous, then the Rule of Lenity requires that the statute be interpreted in favor of the defendant—barring strong evidence of contrary intent
F. Void for Vagueness: A statute establishing a criminal offense must be constructed such that persons of ordinary intelligence may understand what type of conduct is prohibited. If not, then the statute will be void for vagueness
II. Reasons for Punishment
Utilitarian, net happiness to society, forward looking
Punish because we want to achieve something for society that outweighs criminal ills
Deterrence: individuals won’t commit crimes due to fear of suffering punishment of a current Δ (general deterrence) and will avoid future crimes because fear of additional punishment (specific deterrence)- specifically deter that one person: justified by preventing future harms
Rehabilitation/Reform- utilitarian theory- society has obligation to punish individual, make him a better person/citizen tomorrow- people have free will, can change and contribute to society- reform of an individual
Isolation- “incapacitation” variation on deterrence-
the act being involuntary except for specific intent crimes
Duty is created by the statue itself (VA statute as to assisting someone in grave danger)
Contracted duty, status relationship to another, voluntarily assumed for the care of another and secluded person from others helping
Created danger by actions then required to help if it could prevent harm
c. Possession
Act is proved by control over premises where the items is , or control over the item (Watson—bedroom at grandmother house—not enough control)
Mens Rea—Bad thoughts
Specific Intent – Defendant intended a proscribed outcome as purpose of his acts (Purposeful, Intentional, Knowingly)
General Intent—Defendant intended to perform the proscribed act no additional requirement to prove that the defendant intended the proscribed result to occur
