STEIKER – OUTLINE FOR CRIMINAL LAW
I. Introduction
Why Punish ? 1. to deter; 2. incapacitation (to prevent from committing other crimes); 3. for social cohesion (to prevent people from acting on their desires); 4. rehabilitation; 5. retribution (because it’s deserving)
II. The General Common Law Requirements (First ask, is there an act or an omission with a legal duty to act?)
A. ACTUS REUS
*Voluntary Acts
1. Why the criminal law does not punish thoughts without action:
a. difficult to tell what a person is thinking, let alone whether he will act on those thoughts in a criminal manner.
b. Without this limitation, perhaps most of us would be subject to the reach of the criminal law because we fantasize about committing a crime at one time or another!
MPC: “act” or “action” is “a bodily movement whether voluntary or involuntary” §1.13 (2).
“voluntary act”: “behavior within the control of the actor.”
“involuntary acts”: a reflex or convulsion; a bodily movement during unconsciousness or sleep; conduct during hypnosis or resulting from hypnotic suggestions; and a bodily movement that otherwise is not the product of the effort or determination of the actor, either conscious or habitual.
*Omissions
1. Failure to act-the criminal law generally punishes an individual only for the affirmative harm he himself inflicts; it does not punish for failing to prevent harm caused by others or by natural forces, unless one has a legal duty to act, as in the following cases:
a. statute imposes a duty of care (e.g. failure to file income tax return)
b. duties based upon relationship of parties (parent must provide food, shelter, and clothing to a child)
c. duties arising from contract (nursing homes enter into a contract to provide medical services to residents)
d. duties arising from voluntarily undertaking task (taking a sick person into one’s home may result in a duty to provide care)
B. MENS REA: specific requirements of statute creating criminal liability
1. In order to establish criminal liability (culpability, mens
must have killed according to “preconceived design” for a “reason” which you can infer from 1 and 2. Furthermore, you must have evidence of all 3 or extremely strong evidence of 1 or evidence of 2 in conjunction with either 3 or 1.
*The MPC §210 outlines its norms for Criminal Homicide, Murder (purposely/knowingly, extreme indifference [presumed for felony murder]
*The MPC §210 outlines its norms for Manslaughter (ordinary recklessness, extreme emotional disturbance that’s reasonable)
*Under U.S. common law, Murder in first degree is willful, deliberate, and premeditated, and Second Degree murder is Felony Murder and everything else.
*Under U.S. common law, Manslaughter (“no malice”) is voluntary if there’s sudden passion/provocation and involuntary if it’s reckless, or criminally negligent homicide
2. Mitigation-MPC §210.3 outlines that the defense of EED has 2 components
