Mens Rea+ Actus Reus+
What Constitutes a Crime; Theories of Punishment
I. What constitutes a crime?
A. Differences between Criminal Law and Civil Law
i. Criminal law involves the state bringing charges against an individual because of a social harm, although against a person, is considered to be against society.
B. Classifications
i. Felonies –
1. Common law: A felony comprised every species of crime which occasioned at common law the forfeiture of lands and goods. Common felonies are punishable by death.
a. Common law felonies: involve felonious homicide, arson, mayhem, rape, robbery, larceny, burglary, prison escape, sodomy
2. MPC: An offense punishable by death or imprisonment in a state prison
ii. Misdemeanors
1. MPC: an offense for which the maximum punishment is a monetary fine, incarceration in a local jail, or both
II. Punishment
A. Constitution – provides that a person may not be punished twice for the same criminal offense, may not be punished retroactivly, and may not be subjected to cruel and unusual punishment
B. Forms of Moral reasoning
i. Utilitarianism: believe that pain inflicted by punishment is justifiable if, but only if, it is expected to result in a reduction of pain of crime that would otherwise occur
1. General deterrence: D is punished in order to convince the general community to forego criminal conduct in the future
2. Specific (or individual) deterrence: D’s punishment is meant to deter future misconduct by D
ii. Retributivism: Backwards looking. Believe that punishment is justified when it is deserved. When a wrongdoer freely chooses to violate society’s rules
1. Types of retribution
a. Assaultive retribution – it is morally right to hate criminals. Because criminal has harmed society, it is right for society to hurt him back
b. Protective retribution – a view that punishment is not inflicted because society wants to hurt wrongdoers, but because punishment is a means of securing a moral balance in the society
c. Victim vindicaton – reaffirms the victims worth as a human being in the face of the criminal’s challenge
C. Theories
i. General Detterance – punishment to deter others from committing the same or similar offenses
ii. Specific deterrence – punishment to deter the individual defendant from committing the same offense again
iii. Rehabilitation – reforming the defendant through vocational training, counseling, drug rehab, etc. (specific deterrence)
iv. Incapacitation – incarceration to keep the defendant away from other members of society (specific deterrence)
v. Retribution – giving the defendant what he deserves
THE PRESUMPTION OF INNOCENCE
I. The Winship Doctrine – in accordance with the 5th and 14th amendments, a person may not be deprived of her life, liberty, or property without due process of law
a. Due process of Law clause – a person charged with a crime is presumed innocent and, to enforce this presumption, the prosecution must persuade the fact finder beyond a reasonable doubt of “every fact necessary” to constitute the crime charged
THE ACTUS REUS REQUIREMENT – The proscription against thought crimes; acting on One’s own versus acting under State Compulsion
I. Actus Reus – The actus reus of an offense consists of (1) a voluntary act; (2) that causes ; (3) Social harm
1. Voluntary act
i. Rule: A person is not guilty of a crime unless her conduct includes a voluntary act
ii. The Act:
1. Def. – is simply a bodily, physical (not mental) movement, simpl
se.
State v Decina– D was an epileptic who killed 4 children when the car he was driving went out of control during a seizure. State alleged that D knew that he was highly susceptible to seizures and failed to take proper precautions. D was prosecuted for “criminal negligence in the operation of a vehicle, resulting in death” Court Held – when he decided to get behind the wheel with knowledge of his condition then he was negligent
V. Liability for Omissions
1. General Rule – Subject to few exceptions, a person has no criminal law duty to act to prevent harm to another, even if the person imperiled may lose her life in the absence of assistance
2. Common Law duty to act:
i. Status relationship – when there is a special relationship between the defendant and the victim, such as a relationship between husband and wife, parent and child, and master and servant
ii. Contractual Obligation – when the defendant enters into a contract which requires him either explicitly or implicitly to act in a particular way
1. Ex. contractual care for the elderly
iii. Statute – when there is a statutory duty to act (ex. a duty to pay federal taxes found in IRS Code)
iv. Creation of Risk – when D creates a risk of harm to the victim
v. Voluntariness – when D, who otherwise would not have a duty to act, voluntarily assumes care of a person in need of help
