Criminal Law Outline

CRIMINAL LAW OUTLINE
FALL 2005
 
ACT
 
MCA 45-2-202 Voluntary Act.
 
A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing, except for deliberate homicide under MCA 45-5-102(1)(b) (felony murder) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient time to have been able to terminate his control.
 
45-2-101 General Definitions –
 
(1)        Acts has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action
 
(33)      Involuntary act means any act which is:
1.         a reflex or convulsion;
2.         a bodily movement during unconsciousness or sleep;
3.         conduct during hypnosis or resulting from hypnotic suggestion; or
4.         a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual
 
(59)      Possession is the knowing control of anything for a sufficient time to be able to terminate control.
 
45-2-103 General requirements of criminal act and mental state
 
(1)        Except for deliberate homicide as defined in 45-5-102(1)(b) or an offense that involves absolute liability, a person is not guilty of an offense unless, with respect to each element described by the statute defining the offense, a person acts while having one of the mental states of knowingly, negligently, or purposely.
 
State v. Mally
 
F:        Wife found seriously injured; Δ husband did not seek medical attention for her until too late and she died.
I:         Can Δ be held accountable for failure to act?
R:        45-2-202: failure to act = voluntary act if there is a duty. D had a duty to act due to his special relationship to V.
A:        Dr. testified that the non-action hastened death.
C:        Ct held that D helped cause death due to his omission even though he did not in fact inflict the harm on V. Also: if a person’s conduct hastens death then it’s sufficient to establish the cause element of homicide (see causation).
 
State v. Meader
 
F:        Police searched home and found drugs. Δ claimed it was girlfriend’s home & drugs were not his (drugs weren’t found on him). Police found Δ’s clothes, mail, and personal items in the home.
I:         Sufficient evidence to prove that Δ had constructive possession of the drugs?
R:        45-2-202: Possession can be actual or constructive. Actual = physical custody; constructive = dominion/control.
A:        Ample evidence to support Δ had constructive possession because he had dominion/control of home. Hiding in bedroom where drugs were found. Δ had mail addressed to him at the home. Δ’s license plates and clothing found at home. Landlady believed Δ to be living there.
C:        Court held actual possession was not necessary as long as drugs were in D’s “constructive” control.
MENTAL STATE
 
MCA 45-2-103 General Requirements of Criminal Act and Mental State.  
 
(1)        Except for deliberate homicide as defined in 45-5-102(1)(b) (felony murder) or an offense which involves absolute liability, a person is not guilty of an offense unless, with respect to each element described by the statute defining the offense, he acts while having one of the mental states of knowingly, negligently, or purposely.
 
(2)        In deliberate homicide under 45-5-102 (1) (b), the offender must act while having the mental state of purposely or knowingly only as to the underlying felony referred to in 45-5-102 (1) (b).
 
(3)        The existence of a mental state may be inferred from the acts of the accused and the facts and circumstances connected w/ the offense.
 
(4)        If the statute defining an offense prescribes a particular mental state with respect to the offense as a whole w/out distinguishing among the elements of the offense, the prescribed mental state applies to each element.
 
State v. Stafford
 
F:        Δ hit another car, told other driver he was alright but was leaving b/c the police were coming, he left. Claimed to have no knowledge of other driver’s injuries.
I:         Must P/K be proven as to each element of an offense?
R:        45-2-103(4): MS must be proven as to each element of a crime.
A:        State must prove MS as to (1) Δ was knowingly the driver; (2) Δ had knowledge or should have known of injuries; (3) Δ knowingly left scene.
C:        State must prove Δ knew of injuries, just knowing of accident is not enough.
 
 
Morissette v. United States
 
F:       Δ hunting on bombing range; accused of stealing scrap metal; claims he had no intent to steal b/c he thought it was abandoned. State says intent not needed because not specifically required by the statute.
I:         Does omission of intent from statute eliminate necessity of proving MS?
R:        Intent is an element of every crime; even if not specifically contained in the statute. MS cannot be inferred from the act, must be proven unless absolute liability crime.
A:        Δ had appropriate MS: intended to take property (even if did not think he was stealing it).
C:        MS must be proven, but Δ’s MS satisfied the requirement.
 
 
 
MCA 45-2-101. Definitions.
 
(65)      “Purposely”—a person acts purposely with respect to a result or to conduct described by a statute defining an offense if it is his conscious object to engage in