RECURRING THEMES
1. Reasonable Doubt/Assumption of Innocence
a. CA Jury instruction
i. It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge.
ii. Preponderance of evidence
1. Violates US due process clause
2. Types of punishment
a. Imprisonment, probation, fines
3. Theories of Punishment
a. Retribution
i. Desert and Culpability
1. MPC
2. Backward looking
b. Utilitarianism
i. Deterrence
1. Specific
a. Offender is afraid to reoffend
2. General
a. Everyone is afraid to offend
b. Allows punishment where innocent but look guilty
3. Moral influence theory
a. Prevent crime not by fear, but by inculcating morals or values
b. Educational model – punishment influences or shapes attitudes of people in society
ii. Rehabilitation
1. “Fix” the offender for his/her own good and for the good of society
2. Allow punishment where innocent but dangerous
iii. Incapacitation
1. CA
2. “A thug in prison cant shoot your sister”
3. Allow punishment where innocent but dangerous
c. Hybrid Reality
i. Criminal punishment is justified based on retribution AND AT LEAST ONE utilitarian purpose
ELEMENTS OF A CRIME
1. THE ACT REQUIREMENT
a.
y or may not constitute status
iii. Contractual
iv. Omission after Act (ie nursing home)
1. Creation of Risk
a. Gave spoon
2. Assumption of Care
a. Voluntarily took him home, had daughter “seclude him behind shed, ignored him. (People vs Oliver)
v. Kitty Genovese Case – many heard her being killed in apt building, none helped.
d. MPC section 2.01
i. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act is capable
e. Jones v. US
