Select Page

Criminal Law
University of Dayton School of Law
Brenner, Susan W.

Criminal Law
Primary Characteristic is Punishment
Use diff kinds of punishment
Small crimes a fine
More serious crime incarceration
Sanctions in crim law much more sever than in torts and b/c of that our crim law has a lot more measyre designed to calibrate liability
When is it fair to impose liability?
Basis of Liability
CRIME—four elements
(1)   voluntary act (actus reus)
(2)   a culpable intent (mens rea)
(3)   causation of harm
(4)   harm
important to remember the idea of bad mind that you did something wrong.
Crim law concerned w/ people that are dangerous.
      We try to calibrate the sanction in liability to what the person has done.
Worst Crime, taking the life of another human being
Divide homicide into levels
MPC §210
            §210.1 Criminal Homicide
A person is guilty of criminal homicide if he purposely, knowingly, recklessly, or negligently causes the death of another human being
Criminal homicide is murder, manslaughter or neg homicide.
      §210.2 Murder
(1)   criminal homicide constitutes murder except as provided in §120.3(1)(b) when
a.      it is committed purposely (murder) or knowingly (voluntary manslaughter), or
b.      it is committed recklessly under the circumstances manifesting extreme indifference to the value of human life. (reckless homicide) Such recklessness and indifference are presumed if the actors is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape, or deviate sexual intercourse by force of threat of force, arson, burglary, kidnapping, or felonious escape.
(2)   Murder is felony of the first degree (but a person convicted of murder may be sentenced to death, as provided in §210.6)
§210.3 Manslaughter(reckless homicide)
Criminal homicide constitutes manslaughter when:
It is committed recklessly; or
A homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be d

y to perform the omitted act is otherwise imposed by law.(4) Possession is an act, within the meaning of this Section, if the possessor             àknowingly procured or received the thing possessed or àwas aware of his control thereof for a sufficient period to have been able to terminate his possession.
·         §2.01 Restated
o        (1) a person is guilty of an offense when his liability is based on
§         a voluntary act or
§         the omission to perform an act of which he physically capable.
·         Burden on the prosecutor to prove voluntary act
o        (2) INVOLUNTARY ACTS include
§         reflex,
§         convulsion,
§         bodily movement during unconsciousness or sleep,
§         conduct during hypnosis, and
bodily movement not otherwise product of determination of factor either conscious or habitual. (i.e. tumor in brain)