I. Intro
a. Vehicles to Appeal
-ALWAYS need a vehicle
i. Constitutionality
ii. Sufficient of Evidence
iii. Jury Instruction
iv. Evidentiary Question
b. Model Penal Code (Written by ALI)
c. Sentencing
i. Determinate (20 years)
ii. Indeterminate (10-20 years)
iii. Court Considerations/Factors (for judge and jury sometimes)
Nature of offense
Character of the Offender
Protection of the Public Interest
iv. Proportionality
Federal Sentencing Guidelines
“Wobbler”
Cruel & Unusual Punishment (8th amendment)
d. Statutory Interpretation
i. Legality Test
Vagueness
i. Ordinary intelligence /reasonably opportunity to understand
ii. Can’t authorize or encourages discriminatory Behavior
Overbreadth
i. Can’t authorize or encourages discriminatory Behavior
Ex Post Facto
i. Legal until Statute says illegal (Constitutional Right)
ii. Because
1. Deprives D of due process
2. No fair warning is given
Bill of Attainder – not guilty without trial (4th amendment)
ii. Rule of Lenity
Any ambiguity is read in favor of the defendant
iii. Priority of Interpretation
Statue
Legislative History
Case Law
Public policy (legislative and judicial
e actor
1. Reactions (convulsions, reflex)
2. Unconsciousness (sleep walking)
-Statute can override (Cox v. Director of Rev.)
-Alcohol is exception
3. Hypnosis
b. Mens Rea (intent)
i. Assumed Circumstances: 2 types of elements
1. Material Element- Written specialized requirements (burglary = at night)
2. Element -Assumed general requirements (jurisdiction, venue, SOL)
00 – Elements are the general on the Outside, and material inside
CULPABILITY
i. Old – Common Law Approach (wicked)
1. Specific – 2 or more intents (roughly)
2. General – 1 intent (roughly)
ii. New/MPC – Elemental Approach
1. Purposefully
a. “Primary Conscious Objective”
2. Knowingly (Willfully)
a. “Aware”
b. “Practicality Certain”
Recklessly
