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Module 1: The Law Of Crimes
I. Requirements for Defining a Crime:
1) The Criminal Act
a) Actus Reus= 2 “Act” requirements=
i) 1) conditioning of just punishment on the charge/proof of an actus reus; 2) particular actus reus the prosecution must charge and prove beyond a reasonable doubt in order to est. crim liability for spec. crime
ii) 7 Conditions for just punishment = past, voluntary, bad, conduct, specified, in advance, by statute.
iii) MPC on Actus Reus:
(1) Sec. 1.13(9)- Act reqmt has 3 elements = conduct, results, circumstances
(2) Conduct- the physical activity in which the Def engages; can be an act, omission, or possession (2.01)
(a) Act- an affirmative voluntary conduct sufficient to satisfy the def’n of the offense
(b) Ommission- Crim liability if the def is physically capable of the act and if: 1) the omission is expressly made sufficient by the law defining the offense; or 2) a duty to perform the act is imposed by law [ 2.01(3)]
(c) Possession- possession is sufficient act for Crim liability if the def’n of the offense provides so and if the item possessed was “knowingly procured or received” [ 2.01(4)]
(3) Result- any consequence that must be caused by the Def’s conduct, most crimes don’t include a result element
(a) i.e. “bodily injury” is the result element in Assault Offense (211.1(1b))
(4) Circumstances- the external conditions that must exist when Def engages in the conduct;
(a) i.e. the circumstance elements in Rape = Def is male, victim female (not his wife); Theft elements = unlawfully take, unlawful control over…
b) Acts:
i) MPC 2.01 = Requirement of a Voluntary Act- One is not guilty of a crime under the MPC unless the charge is based on conduct of a voluntary act [MPC 2.01(1)]
ii) Proctor v. State (Crim Ct App. Okla. 1918)- The charge attempts to est. a crime re: Def’s “keeping of a place, and the possession of an unlawful, unexecuted intent to sell liquor.” No overt act is charged.
(1) Held: An intent to commit a crime is NOT indictable and even if the intent is in general the “very essence of a crime,” some overt act is the only suffice evidence of Criminal intent
(2) Statue = Section 4 of Chapter 26, Session Laws 1913 (pp 97)
(3) Keeping of a place w/an unlawful purpose or intent cannot be declared a crime—
(4) Legislature didn’t have power to enact the statue applied here b/c the statute itself fails to define a crime (crime requires some omission or commission)
c) Omissions:
i) Jones v. US (DC Cir. 1962)- Jones convicted of involuntary manslaughter; She had agreed to care for Green’s child b/c Green had child out of wedlock and felt need to hide child. Baby taken by officials b/c of malnutrition—baby died. Ct ID 4 cases where failure to act = breach of legal duty.
(1) Held: Ct Rev’d, new trial ordered; Legal Duty is a critical element of the Crime Charge but jury instructions failed to emphasize need for legal duty.
(2) MPC 2.01(3)- Liability for the commission of an offense may not be based on an omission unaccompanied by the action unless: 1) omission is expressly made an offense by the law defining the offense; OR 2) legal duty to perform that act
(3) Degren v. State & People v. Carrolàboth cases est. that a parent or step parent have legal duty to child thus can be charged for child abuse if fail to prevent abuse from another parent/adult.
d) P
attacked the officer trying to escort the fighters out. Def claims mind went blank and doesn’t remember attacking officer.
(1) Held: Conviction (aggravated battery and obstructing officer) Rev’d—b/c jury instruction were defective in that they didn’t contain an instruction on the defense of involuntary conduct (Ct found some evidence that Def lied re: forgetting his actions but still entitled to proper jury charge).
(a) If jury finds Def sane but not responsible for his acts, he cannot be convicted of the offense*
(2) Rule = a material element of every offense is a voluntary act which includes the omission to perform a duty which the law imposes on offender and which he is phys able to perform
(3) Statute: IL Criminal Code 4-1 (pp 117)
(4) Volition v. Insanityà had Def’s assault been due to insanity he could be charged under Civil commitment laws BUT b/c assault due entirely to involuntary action State may not be able to incarcerate him.
(5) MPC 2.01(2) = Involuntary Acts- the following are not voluntary acts…a) a reflex or convulsion; b) a bodily movement during unconsciousness or sleep; c) conduct during hypnosis; or d) bodily movement otherwise not a product of the actor’s effort or determination.
ii) MPC 1.13(2) & (3)- General Definitionsà Def. Voluntary & Involuntary Acts-
Brown- Man Mistook Wife for Deer & Denno- Crime & Consciousness
