I. Introduction
A. Crime: any social harm defined and made punishable by law
B. Sources of criminal law
1. Statutes – tell what is and isn’t the law
· Legislative elements- penal codes
· idea that legislature adopts criminal law for its jurisdiction
· Codifies the law
· Mich relies heavily on common law
2. Common law – developed over centuries in England (oral tradition)
2 attributes:
1. describes the process which English law developed through the English
2. used in crim law to describe crimes that were end product of common law system
(Judge made law)
judge made law- not codified in anyway but it was passed down over the centuries
Problems- uniformity- diff interpretations
Diff adapting
(Homicide stayed the same but larceny changed because common law did not anticipate it)
US has too many jurisdictions- each state wanted their own sets of laws
3. model penal code – 1950s it was developed
· drafted by practitioners and law professors
· gave to states and said this is the way we think the law should be
· some parts rejected and accept common law ( mostly opposite of common law)
· NY is MPC state
· (common law is the default)
· Generic Statutory law
Common Law – law developed and used in England starting over 1000 yrs ago
II. Theories of Punishment
A. Punishment(From US v. Blarek)
1. Reflect the seriousness of the crime
2. Provide just punishment for offenses
3. Deter criminals
4. Provide defendant w/ needed education. Or vocational training, medical care or other correctional treatment
5. Protect society from
es him accordingly
· rehabilitation is not important- he committed act so punish him so who cares about rehabilitation
· Coker v. Georgia-
– Raped someone and sentenced to death
– Rape not proportionate to Death penalty
C. Utilitarianism – What is best for society
· look forward
· Both believe in deterrence
· Believe more in rehabilitation than retributivists because they will benefit society when they get out
· The Queen v. Dudley Stevens –
– Kill Someone for food when lost at sea
– should not be punished because they cant be rehabilitated because there is no value of deterrence that comes from this (no message to society because nobody would be deterred)
US. V. Blarek
– 2 men guilty of money laundering
– Judge was Utilitarian but had to follow the guidelines
D. Rehabilitation- also punish people for this
– Corrections- correct their way of behavior
E. Deterrence
1. Specific deterrence- just that person
2. General deterrence – deter other people by sending a message to society
III. Mens rea of Murder and other Crimes
FOR EVERY CRIME:
1. Mens Rea – mental element to any crime
– the mental state – INTENT (want to poison husband)
– every crime requires mens rea (recklessness)
Other elements:
2. Actus rea – physical element (poisoning food)
3. Causation (eats food)
Harm (Death)
