GENERAL NOTES ON CRIMINAL LAW
I. What constitutes a crime?
A. A crime is made up on an act (actus reus) and a mental state (mens rea)
1. The mental state is basically anything that is not mens rea
B. Four Elements of an Offense (only the first two must be present, but many crimes require proof of certain results or certain circumstances)
1. The Act (actus reus) – Conduct Elements
a. There is a conduct type element in every offense; conduct elements can be:
i. Acts
ii. Omissions
iii. Possessions
b. Think of in terms of what physical activities must be shown on the part of the accused.
c. The statue may specifically describe (and limit) the type of physical activity which can constitute the crime.
d. In addition to being required or every offense, conduct elements are different from results and attendant circumstances because they always contain an implicit mental element (i.e., the general requirement of voluntary conduct implies a mental state of at least consciousness).
2. State of Mind (mens rea)
a. Varies drastically among offense; criminal law is deeply concerned with the accused’s conscious state of mind at the time of the act constituting the offense.
3. Results
a. There must be a causal relationship between the Δs act and his state of mind on the one hand, and the occurrence of the result on the other
b. For example, the victims death in homicide offenses
4. Attendant Circumstances
a. Differ from results in that no causal relationship is needed between the accused’s actions and state of mind and the attendant circumstances.
b. For example, nighttime in burglary
C. Analysis is a Three Step Process
1. Ascertain Elements of an Offense (see above)
2. Ascertain “Defenses”
a. Really means of disproving one of the elements of the offense.
b. Typically this amounts to disproving the state of mind required for the crime.
3. Ascertain True “Defenses”
a. Defenses that eliminate or excuse liability even if all the elements of the crime are present.
b. For example, self defense and entrapment.
4. This analysis can be visualized through the following formula:
a. [(Act + State of Mind) (Causation) → Results] + Attendant Circumstances = Liability (this is out of Sharlot’s book!)
D. Types of Argument
1. Policy
2. Textual (statutory language)
3. Consequences
4. Historical
II. Theories of Punishment
A. Deterrence
1. General – discourages others
day, I was sleeping. Around 1:30 PM I woke up and realized that I had a ton of criminal law to study and a treatise “On Criminal Law” to prepare. I realized that all of this had to be completed before the study group meeting at 7pm, what KQ calls the RSG or the “Rival Study Group.” My friend Tom suggested that instead of studying I spend my entire time spreading misinformation or engaging in a propaganda campaign that would deep six the curve. I laughed, knowing the futility of this plan I decided instead to try and get my hands on a copy of the Texas Penal Code. After all, who can write a treatise without the relevant statutes.
I cursed at my roommate Aakash for not giving me his Texas Penal Code. After much consternation, I decided I would take it from his room while he was sleeping. Yes, its 2PM and Aakash was sleeping. I talked to a friend whose whose code name is RMEP. She urged me to “go ahead and take Aakash’s TPC.” I picked his lock, went into his room, took his TPC out of his backpack and then he said “dude, what are you doing.” At
