Criminal Law Outline

I. INTRODUCTION

Purposes of Punishment—

Retributive

i. Retribution – Pay it back, eye for an eye

Utilitarian (Right things to do)

i. Deturrance
1. Special/Specific
2. General
ii. Incapacitation
iii. Rehabilitation

Theories of Crime

Retributive: Pay it back, eye for an eye
Utilitarian: Right things to do

II. ELEMENTS OF CRIME

Actus Reus (AR) – The guilty act

Positive Acts

i. Rule: Must be Voluntary
ii. Involuntary:
1. Reflex or convulsion
2. Unconscious or asleep
3. Hypnotism
a. Jrx. Split
4. Bodily determination not product of D’s effort
a. State v. Martin
i. Drunken guy at home taken to highway
b. Grand Canyon Hypo
i. A pushes B, B hits C as result of A’s push and C falls down the canyon
1. Result: Not voluntary act of B
iii. Habit???
1. Habit is not enough to say not voluntary
a. Distinguish from Reflex
iv. Stretching the AR
1. MPC 2.01 (1) – “A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.”
a. Example: People v. Decina
i. Epileptic Driver into Q’s (Santa Monica)

Omissions

i. General Rule: No duty to help
1. Rationale:
a. American Tradition
b. Impracticability of requirement
c. Deflects responsibility from person who put in peril
d. Dangerous to help
ii. Duty to help
1. Statute
2. Status Relationship
a. Split on legal duty to act extending past legal guardian & parent only
i. Beardsley
ii. Carroll
iii. Miranda
3. Contact
4. Voluntarily assume care and put person in position of disadvantage
5. Put in peril

Mens Rea (MR) – The guilty mind

Levels of MR

i. Purposely – Goal or aim
ii. Knowingly – Virtually certain
iii. Recklessly – Consciously disregard risk
iv. Negligently – Should have been aware
v. Strict Liability – No MR

Motive vs. Intent
Proving Intent
Interpreting CL Language

i. Specific Intent – Purposely/Knowingly
ii. General intent – Default to Recklessly

Jewell Doctrine – Strong suspicion and avoids learning the truth

i. Deliberate indifference or Ostrich Defense
1. Elements
a. Must be showing of suspicion by D
b. D deliberately avoids confirming his suspicions

Material Elements

i. What does the defendant need to know to be guilty of a crime?
ii. Mistake of Fact
1. Rule: Mistake of fact only works when Material Element
2. People v. Prince
a. Crime: Taking a female under age w/o consent of father
i. Material
1. Taking
2. Without Consent
ii. NOT Material
1. Under Age
b. Mistake of Fact re: Age was NOT a defense
3. Feola – Jrx. vs. Material Element
a. Knowingly assault fed. officer case
iii. How do you know what elements are Material?
1. Language of Statute
2. Legislative History
3. Policy Arguments
a. What makes conduct wrong?

Strict Liability

i. No MR Requirement
1. No burden on P to prove MR
ii. Rationale:
1. Industrial Revolution
2. Con