Select Page

Criminal Law
University of Kansas School of Law
Yung, Corey Rayburn

Yung-Crim Law- Spring 2013
Concurrence: Act requirement and Mens rea must occur at the same time
Vagueness: Rare, mostly older cases, 3 part test
1: clear statutory vagueness
2: fair warning
3: arbitrary and discriminatory enforcement
Physical coercion- physical only
Reflex- swarm of animals
Paralysis/contraction- failure to act crimes
Unconsciousness- can include sleep
Impaired conscious- concussion/sleep walking- will go to the jury
Statutory interpretation
No precedential value
If lacking legislative history can attack that
Acts by omission
Failure to act= source of criminal liability
Duties- must be identified to have crime by omission
Sources: statute, relationship, contract/employment, voluntary assumption of responsibility
A. Independently Liable
                        àAct requirements of the crime
            B. Derivatively Liable
                        àStep one:
1. Identify principals and accessories/Accomplices(MPC)
                                    2. Did D aid and abet?
                        àStep two:
Act Requirements of Substantive Crime:
1. Dusenberry Rule, OR
2. Cogan and Leak Rule
            C. Vicariously Liable (Must be charged with conspiracy)
                        àStep one: is there a conspiracy?
            D. Liability via Felony Murder Rule
                        àStep one: underlying crime max penalty 1 year?
                                    If yes, then move on
                                    If no, then no liability
Concurrence: Mens rea and Act requirement must occur at the same time
Evidence: what they say during the commission of the crime, preparations, reaction, history, method of crime
Must prove multiple mens reas for multiple crimes
Common Law mens rea: specific, General, Strict
MPC: Purpose, Knowingly, Reckless, Negligence
Mistake of Fact: depends on the level of mens rea
Mistake of Law: not a defense 2 exceptions
Law not widely available
Official misstatement
Branch responsible for the execution of the laws tells you it is okay
Mistake of non criminal law= mistake of fact
At some point maybe a due process issue (California rule)?
Must be wholly passive conduct
Wholly unaware- no idea the law is possible
A. Independently Liable
Mistake of fact?
                        àIf no, then just evidence of mens rea
                        àIf yes, then: look to text
            B. Derivatively Liable
                        àStep one:
1. Unplanned offense, then Natural and Probably Consequences
                                    2. Planned offense, then ____
            C. Vicariously Liable (Must be charged with conspiracy)
                        àStep one: Unplanned or planned offense
                        àStep two:

                                  –Mere presence at scene is not enough
                                    –Silence=complicity    àLook to the relationship between parties
                                                Rex v. Manley
                                                Walden v. State
Step Two:        Automatically Cogan and Leak         Mens Rea
àCogan and Leak—∆’s mens rea is NOT derived from principal
                                    MPC cares about ∆’s view of the world
Step Three:      Planned or unplanned offense?
–Planned, purpose thus, was it conscious object to facilitate the crime?
Essentially, you have to know the crime will be committed
–Unplanned, not responsible because purpose to facilitate the other crime
requires knowledge that other crime was going to happen
Step Four:       Defenses
Vicarious Liability: (Conspiracy)       Common Law
Sometimes conspiracy and attempt merge when based on the same facts
There must be 1 agreement per 1 conspiracy
Prosecutors can infer agreement
Can be non-criminal agreement
Must link an agreement to a specific crime- once linked prosecutor can link it to other crimes