Criminal Law Outline

 
Criminal Law Outline
Fall 2013
Lofty “the man” Becker
 
‘Natural and probable consequences’ rule: judges usually give jury instructions which say you may infer that a person ordinarily intends the natural and probable consequences of his voluntary acts
 
Problems of Definition: Baby-killing Cases
 
People v. Chavez (Cali App. Ct. 1947)
•             Old Common Law Definition of a Human Being:
◦             baby had to be fully out and separated from the mother
•             New Common Law Definition of a Human Being:
◦             if the baby was viable, it is a human being
◦             still a largely vague rule
•             Standard of Separation: whether it breathed outside the womb and had independent circulation from its mother
•             Holding: Chavez found guilty of manslaughter; affirmed
◦             Chavez herself a success story for rehabilitative theory of punishment
 
People v. Singleton (Ala. App. Ct. 1948)
•             Prior Proceedings: Trial court ruled 2nd degree murder,
•             Holding: Appellate court reversed
◦             Court unwilling to attach non-feasant acts of mother that resulted during childbirth even if such non-action resulted in death of baby
■          non-feasance: Singleton did not tie umbilical cord
 
Keeler Case (Cali 1969)
•             Fetus was not seen as a person before this case; murder charge against man causing stillbirth was dismissed
•             Importance: California changed statute so murder encompassed killing of a fetus, with the exception of abortion
◦             Ultimately, it is up to the legislature to decide whether killing a fetus qualifies for murder/manslaughter
 
 
Requisites for a Crime
 
1.         Elements of Crime
2.         Material Element (1.13, 740): the harm or evil sought to be prevented OR the existence of a justification (in homicide its causing the death of another) – Homicide: Killing of another person
3.         Element (1.13, 740): conduct, circumstance, or result that qualifies the crime – Homicide: degrees (with deadly weapon, heat of passion, etc.)
4.         included in the description or definition of the conduct
5.         establishes the required culpability
6.         negatives an excuse or justification
7.         negatives a defense
8.         establishes jurisdiction
 
1.         Act: Actus Reus
2.         Acts: essential element of just punishment is the requirement of a voluntary “act” MPC 2.01
3.         The following are not voluntary acts:
•             reflex of convulsion
•             bodily movement during unconsciousness or sleep
•             conduct during hypnosis or resulting from hypnotic suggestion
•             bodily movement that otherwise is not a product of the effort or determination of the actor either conscious or habitual
4.         voluntary act can include possession of an item (MPC 2.01(4))
 
1.         Mental State: All crimes require that the actor had some particular mental state with respect to the other elements of the crime
2.         Model Penal Code: a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or negligently with respect to each material element
3.         If there are multiple material elements and mens rea is only established/specified for one of them, assume it applies to all (MPC §2.02(4), 743)
4.         When culpability is not prescribed by law, such element is established if person acts at least recklessly (or purposely or knowingly) (MPC §2.02(3), 743)
Culpability:
1.      Purposely
1.      A person acts purposely with respect to a material element of an offense when:
1.      if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
2.      if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes they exist
2.      Conditional Purpose
1.      (6) When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense
1.      EX: go to your house to take B’s car, but only if B says it’s ok
2.      Knowingly
1.      A person acts knowingly with respect to a material element of an offense when:
1.      if the element invokes the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
2.      if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result
3.      Recklessly
1.      A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
1.      consciously disregard: must realize a risk existed
2.      The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation
3.      Regarding Proof
1.      most of the time, it is going to be an inference similar to ‘ intending the natural and probable result of his action’ reasoning
4.      Negligently
1.      Person acts negligently with respect to a material element of an offense when he:
1.      Should be aware of a substantial and unjustifiable risk that the material element exists or will r