I. Purposes and Policies Behind the MPC/Criminal Statues
a. Legality (three elements):
i. criminal statutes should be understandable to reasonable law-abiding persons
ii. criminal statutes should be crafted so as not to delegate basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis
iii. judicial interpretation of ambiguous statutes should be biased in favor of the accused.
iv. Example: Keeller case – beat the fetus in his wife, cannot be punished b/c the law did not treat killing a fetus as murder.
b. MPC Section 1.02 Purposes; Principles of Construction (Policy Considerations behind the Code)
(1) The general purposes of the provisions governing the definition of offenses are:
a. To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interest
b. To publicly control persons whose conduct indicates a disposition to commit crimes
c. To safeguard conduct that is faultless from being condemned as criminal
d. To give fair warning of the nature of the conduct declared to constitute an offense
e. To differentiate on reasonable grounds between serious and minor offenses
(2) Purposes behind sentencing and Treatment of Offenders
a. To prevent the commission of offenses (utilitarian)
b. To promote the correct and rehabilitation of the offenders (rehabilitative/utilitarian)
c. To safeguard offenders from excessive, disproportionate, arbitrary punishment (retributive)
d. To give fair warning of the nature of the sentences that many be imposed on conviction (utilitarian/retributive)
e. To differentiate among offenders by giving them individualized and just treatment (retributive)
f. To make all agencies involved uniform in function and effect (police, etc) (utilitarian)
g. To advance the use of generally effective scientific methods and knowledge in the sentencing and treatment of offenders (rehabilitative/utilitarian)
h. To integrate the responsibility for the administration of the correctional system and the state department of correction
(3) When the provisions are ambiguous, vague, or unclear interpret them with the purposes of the section describing the offense or defense and this section
II. Burden of Persuasion
a. Prosecutors have the burden to prove every element of a crime beyo
1.12 Proof Beyond a Reasonable Doubt; Affirmative Defense; Burden of Proving Fact When Not an Element of an Offense; Presumptions
(1) Each element of an offense must be proved beyond a reasonable doubt
(2)
a. Prosecution does not have to disprove an affirmative defense unless and until there is evidence supporting such defense; or
b. If affirmative defense requires the defendant to prove beyond a preponderance of evidence
(3) Affirmative defenses under (2)(a):
a. Arises under a section of the Code which so provides; or
b. It relates to an offense defined by a statute other than the Code and such statute so provides; or
c. It involves a matter of excuse or justification peculiarly within the knowledge of the defendant on which he can fairly be required to adduce supporting evidence
When the application of the Code depends upon the finding of a fact which is not an element of the offense, unless the Code otherwise provides:
