Criminal Law Outline

Criminal Law_Erickson Fall 2010 at Widener Law
ACT + INTENT = LIABILITY
In Latin, this is expressed as actus non facit reum nisi mens sit rea(“an act does not make guilt unless the mind be guilty”).
I. ACT
II. INTENT
III. LIABILITY
IV. HOMICIDE
V. DEATH PENALTY
VI. RAPE
VII. CAUSATION
VIII. DEFENSES
IX. ATTEMPT
X. GROUP CRIMINALITY
XI. TRIAL PROCESS
XII. PUNISHMENT

I. ACT

Involuntariness

General Rule – Involuntariness is a defense to the act requirement. [Martin – No liability because defendant was not in public voluntarily, thus does not satisfy element requiring him to “appear in public”.] Unconsciousness – Where not self-induced, unconsciousness is a complete defense. [Newton, defendant was not conscious of shooting police officer, corroborated by expert testimony.] MPC § 2.01(2)

Reflex or convulsion
Unconsciousness movement or sleepwalking
Hypnosis
Movement not a result of conscious or habitual effort

Exceptions

Where statute does not require volition [Winzar – No defense when statute reads “found drunk”] Where defendant was aware of probability of acting involuntarily [Decina – Epileptic seizure no defense]

Omissions

General rule – No liability for failure to act unless law imposes a duty
Duties [Jones]

Statute – Statute imposing duty on “any person” who lets an elderly person suffer pain fails to provide clear standard, not enforceable. [Heitzman, non-resident daughter did nothing to stop siblings’ abuse of parent.] Relationship

Pope – Defendant not liable for death of child whose mother killed him.
Jones – Defendant not liable for not feeding child of family friend.
Beardsley – Defendant not liable for death of woman, not his wife, who overdosed in his house.

Contract [Stone and Dobinson – defendant and his housekeeper had duty to his rent-paying sister] Assumption of Care and Seclusion [Oliver – Defendant had duty to man she brought home from club, in effect secluding him from others]

Euthanasia – Terminating Treatment vs. Assisted Suicide

Barber – Doctors lacked duty to provide heroic life sustaining measures after they are deemed futile; treats terminating treatment as an omission.
Cruzan – State may require clear evidence of patient’s constitutionally protected refusal of unwanted medical treatment; Scalia rejects distinction between “active” suicide and “passive” declining treatment.

II. INTENT

General Rule – Every element of every offense has a requisite intent, which must be proven before the defendant can be found guilty.

Cunningham – Ripping out gas meter does not establish intent to release gas which put another in danger.
Morissette – Statutory silence does not eliminate intent requirement for common law crimes.

MPC § 2.02

Purpose

Conduct – Conscious object to engage in the conduct
Circumstances – Awareness of circumstances, or believes or hopes such circumstances exist

Knowledge

Conduct or Circumstances – Awareness
Result – Awareness that result is practically certain