Criminal Law
Professor Ronald Bretz
Spring 2011
Introduction
A Common Law
1. Judge made law
2. Statutes using common law terms w/o defining them assume the common law definition
3. Very objective
4. Elements
A Actus Reus
1) The action committed
B Mens Rea
1) The mental state
2) Usually proven by circumstantial evidence (not mind readers)
3) If a common law crime is written into statute w/o mention of the mens rea element, the court will read it into the statute
· Legislature can specifically legislate it out, but must do so expressly
5. Very Utilitarian
B Model Penal Code
1. A group of model statutes designed by law professors
2. Very subjective
3. Very Retributive
C Types of Crimes
1. Felonies
A Punishment of more than one year
2. Misdemeanors
A Punishment of one year or less
3. Malum in Se
A Bad in and of itself
B Common Law crimes
4. Malum Prohibitum
A Bad because we say so
B Mostly governed by statute
D Theories of Punishment
1. Utilitarianism
A Also called Consequentialism
B Focus is on deterrence
C What will punishment of a crime do for society?
D Looks to the future
E Rehabilitation
1) Article “Prosecutor Seeks Alternatives to Incarceration”
2) Harm to society too great to continue
2. Retributivism
A Also called Deontological Reasoning
B About retribution
C Looks to the past
D Punishment must fit the crime and the offender
1) Death penalty reserved for murder
2) Too harsh to kill an offender for a crime that does not include killing
E Intent
1. General Intent
A Intent to do the Actus Reus
B Examples
1) Rape
2) Battery
3) Arson
4) Non-Premeditated Common Law Murder
2. Specific Intent
A Intent to do the Actus Reus, AND
B Having a specific goal
C Examples
1) Assault
2) Larceny (Including Robbery)
3) Burglary
4) Inchoate Crimes
5) Accomplice Liability
6) First Degree Murder
3. Either/Or
A Felony Murder
1) Specific Intent Crime if the underlying felony requires specific intent
2) Otherwise, General Intent Crime
B Kidnapping
1) Specific Intent Crime if the statute says, “with intent to…”
2) Otherwise General Intent Crime
Homicide
A All Homicides require the death of a human hat was caused by another human
1. Setting the chain of events in motion is sufficient
A Ex. D shot V mortally wounding him. Rather than wait to bleed out, V slashed his own throat. Manslaughter conviction upheld.
B Common Law
1. Murder
A Elements
1) Intent to Kill, OR
2) Intent to do Great Bodily Harm, OR
3) Conscious Disregard for the Risk of Deat
fight with B, B dies.
a) After B dies, A decides to take his wallet. No felony murder
b) A killed B to get the wallet. Felony Murder
c) A was only trying to get the wallet, and didn’t mean for B to die. Felony Murder
F When is the felony over?
1) A felony continues until the actor reaches a place of safety
· Ex. Robbery still in progress when police officer killed despite not being at the scene of the crime anymore
C Pennsylvania Model
1. Intent Decision Tree
A Intent Exists
1) 1st Degree Murder
2) 2nd Degree Murder
3) Felony Murder
4) Voluntary Manslaughter
B No Intent
1) 2nd Degree Murder (Conscious Disregard)
2) Felony Murder
3) Involuntary Manslaughter
2. Murder
A 1st Degree
1) Elements
· Willful, AND
a) Intends to kill
· Deliberate, AND
a) A conscious decision
· Premeditated
a) Preplanned in some way
i. Pre-Activity
i. Planning
ii. Motive
ii. Mid-Activity
i. Second Look Theory – Paused & had a chance to think
iii. Post-Activity
i. Demeanor and or actions afterwards
