Criminal Law Outline

Criminal Law Outline
Professor Shapiro, Fall 2006

Principles of Responsibility (Generally)

Principle of Legality:

i. In order to be held responsible, there has to be a statute against which you are being charged
1. no vague e.g. stalking statutes
2. no ex post facto laws

Principle of Lenity

i. Always interpret facts in favor of D

Actus Reus

i. Every crime must involve an action
1. no thought crimes
2. possession?
3. hate crimes criminalize the reason behind the act
ii. Omissions where action should have been taken
iii. Attempt

Mens Rea

i. Knowledge of action not that the action is a crime
ii. Strict Liability
1. held liable for something you didn’t know you were doing
2. statutory rape, speeding, etc
iii. Negligence crimes
1. reasonable person would have known of risk
iv. In general (aside from negligence), if you didn’t know you were doing or running the risk of something, you are not liable

Concurrence of actus reus and mens rea

i. Jackson v. Commonwealth: D poisons/decapitates
1. mens rea comes before actus reus, but still liable
2. Concurrence only goes so far

Causation

i. Some crimes don’t require a result
1. e.g. attempted crimes, reckless endangerment
ii. Most crimes require result element
1. shoot and miss, but vic is struck by lightning—not guilty, no causation

No defense

i. E.g. insanity, self defense, etc. (justification or excuse)

Need proof

Purpose of criminal law is to blame and punish, not undo wrongs

Regina v. Dudley and Stephens – self-preservation does not justify murder

i. Stranded on boat – eat youngest/weakest
ii. Satisfied act