Attack Outline – Crim Law – Spring 2015
Issue spotting:
– Dead body? (always ask IS THERE FELONY MURDER? 1st degree, 2nd degree)
– Groups of people doing anything à Conspiracy.
– One person telling another to do something à solicitation – coercion(?)
– Someone is ‘irrational’ – examine insanity
– Causation & Concurrence – important and frequently missed
– Mention multiple shots/stabs – can go either Heat of Passion(HOP) or (WPD)
– Cultural Defense (Bonus Points) (Kidnap wife)
– Intoxication = discuss both voluntary & involuntary
– Remember 3 legged stool (Actus Reus + Mens Rea + Causation = Crime)
– Defenses
– Statute for child / neglect / endangerment . . . omission / duty
Draft an outline on scratch paper
– Your version of IRAC:
I – issue ———- Crimes? – Felony Murder? . . . . See above, . . .
R – rule ———– Rule – Which crime(s) can you charge the bad actor with? Answer her question à no throwing pasta at the wall,..
Elements – Is there a statute? Break it down by elements, . . . .
A – analysis —— Plug facts from the hypo back in to show who did what, how à elements met à crime
C – conclusion — Might succeed / Might Fail
à Defenses
à The next charge is applicable & start from the top:
Crime, Rule, Elements, Plug in Facts, Might succeed, Might fail, Defenses, . . . .
ATTACK OUTLINE:
Elements of a crime [Actus reus + Mens Rea + Causation = Crime]:
1. Actus Reus
2. Mens Rea Motive, rather than Mens rea can be relevant in specific intent crimes, claims of defense, and sentencing.
3. Causation
– willed voluntary muscle contraction Common law: MPC: – But for
– omissions [list all *5] -Intent -Purposeful – Proximate [list all *6]
-Knowledge/Willful Blindness -Knowledge/Willful Blindness
-Reckless -Reckless
-Negligence -Negligence
Enumerated Felonies:
B – Burglary – CL: The breaking & entering of the dwelling of another at night with the intention to commit a felony therein.
A – Arson –
R – Rape (see Policy Section)
R – Robbery
K – Kidnapping –
& L – Larceny – ‘trespassory taking & carrying away of the property of another w/ the intention to permanently deprive them thereof’ [AR=tresspassory taking & carrying away property MR=intention to permanently deprive them thereof Attendant Circ.=of another]
*See Attendant Circumstances
Homicide:
Common Law:
– 1st Degree Felony Murder
– 2 Elements here
Model Penal Code (MPC):
– Murder
– 2nd Degree Felony Murder – Manslaughter
– 4 Elements here -Reckless or EMED
– 1st Degree Murder -Criminally Negligent Homicide
– 2nd Degree Murder –remember the little boy who died because BOTH adults beat him
– Voluntary Manslaughter
– Heat of Passion (HOP)
– Involuntary Murder
Defenses:
Justification Defenses:
– Self Defense
-Defense of Others
– Defense of Habitation
– Defense of Property
– Necessity Common law vs. MPC
Excuse Defenses:
– Duress
– Intoxication voluntary vs. involuntary
– Insanity
– Infancy
– Diminished capacity
– Competency to stand trial
– Failure of proof
– Offense Modification
– Non-exculpatory public policy
– Mistake of Law
– Mistake of Fact
Incohate Offenses:
-Solicitation
– Conspiracy Common Law vs. MPC
– Attempt
– Defense à Abandonment & Impossibility
– Accomplice liability Common Law vs. MPC
Policy:
·Burden of Proof ·Principles of Punishment ·Rape ·Strict Liability ·Principle of Lenity itty-bity defendant vs. great big gov’t
·Principle of Legality – 1) Reasonable to understand 2) judges and cops don’t make the law 3) Principle of Lenity
In Depth Outline:
Homicide
***** Is there Felony Murder? *****
a) Intentional killings
i) “Intent to kill” proved by:
(1) Natural/probable consequences rule
(a) Ordinary people intend the natural & probable/foreseeable consequences of their actions, & D is an ordinary person
(2) Deadly-weapon rule – intentional use of deadly weapon directed at vital part of human
(3) These are NOT necessarily used to prove the degree, just the intent
ii) Malice
scious risk-taking element
d) Inherently Dangerous Felony:
1) Abstract – if by its very nature it cannot be committed w/o substantial risk to human life
2) Particular – almost always find that the underlying felony is inherently dangerous , . . . (freak accidents where the prosecution will have to prove murder the hard way)
2nd Degree à IMPLIED malice (no capital punishment)
1) Intent to kill murder, NOT rising to premeditated & deliberate
a) No planning; spontaneous
2) Intent to cause grievous bodily harm killings
a) Person who unjustifiably & inexcusably intends to cause injuries of this level of severity is guilty of murder if victim dies as a result
b) Person intends to cause grievous bodily injury to another, but death results
3) Extremely reckless (“depraved heart”) killings (aka Abandoned & malignant heart murder)
a) Person’s conduct manifests an extreme indifference to the value of human life (conscious disregard)
b) Accused does NOT INTEND to kill victim, but malice is implied b/c there is a wanton & willful disregard of the likelihood that accused behavior will cause death/great bodily harm
c) Factors supporting EXTREME RECKLESSNESS (2nd degree murder) or just RECKLESSNESS (involuntary MS):
i) Mens rea – How keenly aware is the D of the risk?
ii) Objective circumstances – How unjustifiable is it? Reason for action? What objectively looks like a bad idea?
iii) Likelihood of multiple victims being hurt/killed
iv) Degree of risk – How high is the probability?
v) Social motive
d) Examples: w/o intent to kill/injure anyone, a person…
i) Intentionally shoots gun in/into occupied room, killing someone
ii) Drives car at fast speed in bad weather while intoxicated, killing a pedestrian
iii) Purchases dangerous dogs, fosters their aggression through improper training & puts them in unsecured yard, resulting in mauling death of a child
iv) Plays “Russian roulette” w/gun (1 bullet), & fires it at someone killing them
v) OMISSION – parent, out of indifference, fails to feed her infant for 2 weeks
