– Sources of Our Issues
o Charges Brought/ formalized
o Pretrial motions
o Peas of the guilty (at any point)
o If case survives: Trial
– Trail and Appeal
o Judge and Jury
o Pros. Case; Deft moves to dismiss
o Deft case (not required)
o Closing Arguments
o Jury instructions – Judge tells the jury the law that applies
o If Guilty – Appeal
– Roles and Standards
§ Rule on and determine the law that applies – substantive, procedural, etc.
§ Given law as instructed by judge, and given their beliefs about credibility of witness and evidence, did State prove?
o Standard: Beyond a reasonable doubt.
PUNISHMENT: Theories and Purposes
o Retributive: Just Deserts – Moral Blameworthiness
o Utilitarian – the laws must augment the happiness of the community. Excluded Mischief
o Deterrence – the greater the temptation to commit a crime, the more severe a punishment should be to deter it.
§ Individual – More severe punishments for repeat offenders.
o Incapacitation – (Risk Management)
§ To physically prevent the person who committed the crime to commit it again
· Parole, prison, death penalty
§ Teach and reform a criminal so that they are less likely to have the desire to commit the same crime.
LEGALITY: The principle of legality condemns judicial crime creation:
o A person may not be punished unless his conduct was defined as criminal at the time of commission of the offense. This prohibition on retroactive criminal lawmaking constitutes the essence of the principle of legality.
o 3 Elements
§ No ex post facto – retroactive creation of laws
§ Due Process Requirements: notice and fair warning, so person may know their actions are legal or not legal.
§ Separation of Powers
· Congress makes the laws
· Courts interpret
o Keller Case:
§ The court is to interpreter legislativ
ACTUS REUS – Refers to the physical aspect of the criminal activity. The term generally includes (1) a Voluntary Act (2) that Causes (3) Social Harm.
Voluntary Act – Act refers to the physical action of the crime.
o MPC and CL very similar [§2.01(1)/(2)] o State v. Utter: Dad killed kid and claim automatic response as defense
o “A certain minimum mental element”- involvement of a conscious mind is necessary.
§ Although the defend may raise involuntary action as a defense, the plaintiff assumes the BURDEN OF PROOF.
o Examples of Involuntary Acts:
§ Reflex of Convulsions
§ Habitual Conduct
§ Sleep related movements
§ Spasms, seizures
· UNLESS; they intended to put themselves in that unconscious state of mind