CRIMINAL LAW OUTLINE
BUTLER
CRIME:
-Involves public law
-causes social harm “a breach and violation of the public rights and duties due to the whole community in its societal aggregate capacity.
-a person convicted of a crime is punished.
-Distinguished from civil law by punishment. The societal condemnation and stigma that accompanies the conviction
PUNISHMENT:
1. UTILITARIANISM
a. Both crime and punishment are unpleasant, therefore, the pain inflicted by punishment is justifiable only if it is expected to result in a reduction in the pain of crime that would otherwise occur.
b. Threat or imposition of punishment can reduce crime because human being act reasonably and hedonistically.
c. Deterrence by incapacitation
d. Deterrence by intimidation
2. Retributivism
a. Looks backward and justifies punishment solely on the basis of voluntary commission of a crime. Humans possess freewill so they may be blamed for choices that violate the moors of society.
b. Gratifies the desire for revenge that would otherwise be satisfied through personal vengeance.
c. The hatred of the victim for the criminal means the victim respects himself.
d. Punishment is a means of securing moral balance.
3. Denunciation
a. Expresses society’s condemnation.
ACTUS REUS & MENS REA
Physical, external portion of a crime & internal, mental portion of a crime
ACTUS REUS
three ingredients of a crime
1. Voluntary Act
2. That Causes
3. Social Harm
A. Common law v. MPC
Common law v. MPC
Voluntary Act (Including Possession)
Voluntary Act – §1.13(2) & §2.01(1) & (2)
Omission
Omission – §2.01(3)
Possession – §2.01(4)
B. [Voluntary]-[Acts] (I raised my arm)
Every criminal act requires a voluntary act
1. Act – A muscular contraction of the human body, bodily movement, physical behavior
2. Voluntary- that is, in some minimal sense, willed or directed by the actor. Generally, it is volitional conduct.
a. A voluntary act can also be the result of habit or even inadvertence as long as the individual could have behaved differently.
b. Possession can be a voluntary act. possession, or the failure to terminate possession once the Δ learns of the item’s presence, is sufficient.Constructive Possession is also found to be a voluntary act. This is where the Δ may have not exercised physical dominion and control over the item, but the proximity to the item or the Δ ability to gain control or dominion over the item is sufficient.
Involuntary Act (my arm came up)– An act whic
C does define what a voluntary act is NOT – §2.01(2): (a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis or resulting from hypnotic suggestion;
(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
*EXCEPTION TO INVOLUNTARY ACT DEFENSE
· UNDER MPC §2.05
o A person cannot use the defense of an Involuntary Act when they are charged with a Violation (see MPC § 1.04(5)). (speeding)
C. Omissions
Common law Omission
Normally, society seeks to punish acts that cause harm, not acts that fail to prevent it.
Failure to act is a criminal act if there is a legal duty to act. There is generally no legal duty to rescue, but there are seven areas where one may be legally required to act:
1. Statute – e.g. a law requiring medical providers to report suspected child abuse
2. Contractual obligation – e.g. a nursing home that enters into a contract to provide medical services to the residents
