CRIMINAL LAW
ORLAND
SPRING 2012
-Two main reforms of the model penal code that are reflected in the CT penal code
1. come up with a universal mens rea terminology so that every statute within the code specifies a mens rea.
-what adjective modifies what clause – the penal code says that if there is only one mens rea specified, it is meant to apply to ALL elements. à relieving the courts of determining what term modifies what clause (Yermian Problem).
2. establish a uniform system of gradation (i.e. the seriousness of the crime).
-murder is more serious that manslaughter, manslaughter is more serious than assault
-e.g. Class A, B, C, D, Felonies
Class A, B, C, misdemeanors
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Chapter 950 Penal Code: General Provisions
53a-3 Definitions
à*definitions can reveal policies.
-e.g. definition of rape says that it does not exist in marriage relationships
-e.g. definition of a person does include corporations (see Ford Pinto case)
-committing an offense negligently is less serious than recklessly which is less serious than intentionally.
àused to determine the gradation of the crime.
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Chapter 951 Penal Code: Statutory Construction; Principles of Criminal Liability
53a-5 Criminal Mental State Required
“The commission of an offense requires a particular mental state.”
***sometimes the statute itself will not say intentionally, but will mention some other mens rea. However, if the statute deals with a common law crime (and all the crimes we have been looking at are), and there is no specified mens rea, then the default mens rea is assumed to be “intentional”
-(see General Rules on Mens Rea)
“when one and only one of such [mens rea] terms appears in a statute (e.g. intentionally, knowingly) defining an offense, it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears.”
àcontrary to the holding in Yermian. Provision of the code that avoids the Yermian problem (clauses relating back) is section 53a-5 of the code (page 89)
~Actus reus = act
~mens rea = mental state
-for a crime to exist, to have criminality, actus reas and mens reas are required…except when they’re not!
-e.g. not filing an income tax filing is a crime. In this situation an “act” is not required, because the crime is actually the failure to act.
-if Congress doesn’t specify the mens rea in the statute, courts have to do one of two things
-it’s a crime that does not require mens rea OR
-assume what Congress meant
-codes are constructed for each gradation category with a “minimum” and a “maximum” – e.g. for a Class B felony, a minimum of 5 years and a maximum of 10 years.
-the judge picks a number. He can’t pick a number less than 5, and can’t pick a number more than 10 because that’s the parameters placed by the legislatures.
Morissette v. United States
Whether stealing government property requires a culpable mens rea to be convicted.
-the statute in this case is the actus reas of “steal”. The statute does not have a specific mens rea.
The question before the court is what is the mens rea of that statute?
The common-law crimes which require culpability are a separate class of crimes from those of regulatory offenses, which may not require culpability.
The mere omission from the statute of any mention of intent will not be construed as eliminating intent as one of the elements of the crime.
This case illustrates the difference between strict liability type offenses that do not require a certain mindset or intent from offenses where the intent requirement is implied regardless of statutory silence on the element of intent.
*In the common law, guilty mind was a requirement. But recentl
B. B has a sore jaw
-A hits B. B has a broken jaw
-A hits B. B dies.
àin all three cases, the actus reas is the same (A hitting someone). You move up the scale of gradation to a C felony to an A felony based on the physical harm you put on a person
53a-35a Sentences for felonies
-the universal way of translating how serious a category is (e.g. class A) is to look at what the penalty is for it. How many years in prison you get for it.
-Felonies are classified, for the purposes of sentencing, as follows
Class A
-murder = no less than 25 years, no more than life
-not murder = no less than 10 years, no more than 25 years
Class B
-manslaughter 1st degree with a firearm = no less than 5 years, no more than 40 years
-other than manslaughter 1st degree with firearm = no less than 1 year, no more than 20 years
-except some sections = no less than 5 years, no more than 20 years
Class C
-no less then 1 year, no more than 10 years
-except for conviction under 53a-56a = no less than 3 years, no more than 10 years
Class D
-no less than 1 year, no more than 5 years
-except for 53a-60b or 53a-217 = no less than 2 years, no more than 5 years
-except for 53a-60c = no less than 3 years and no more than 5 years
-except for 53a-216 = a term of 5 years
Unclassified
-term is in accordance with the sentence specified in the section of the general statutes that defines the crime.
Capital felonies
-a term of life imprisonment without the possibility of release
