CRIMINAL LAW
PROFESSOR BEERY
I. What is a Crime?
A. Crime involves conduct that carries moral condemnation of society.
II. Theories of Punishment
A. Utilitarianism: disapproves of every act that diminishes happiness of society.
1. General Purpose: Maximize the good and happiness of all society and exclude all mischief.
a) Removing good members from society is counterproductive
2. Forms of Punishment:
a) General Deterrence: D is punished to convince general community to forego criminal activity.
b) Specific/Individual Deterrence: D is punished to prevent future misconduct
(1) Incapacitation/Prevention: Imprisonment prevents future crime during time of confinement.
(2) Intimidation: Reminded of pain.
(3) Rehabilitation/Reform: Psychiatric care, vocational training, drug addiction therapy, etc.
c) Exceptions for Punishment:
(1) Punishment will not prevent mischief
(a) Ex: People V. Du: Storeowner had clear record and accidentally killed girl trying to steal
(2) Punishment is inefficacious
(3) Punishment is unprofitable
(4) Punishment is needless
B. Retributivism: punishment is justified when it is deserved (“Even the score”).
1. Forms of Retributivism:
a) Assaultive Retribution: Morally right to hate criminals
(1) A.K.A.: Public Vengeance or Social Retaliation
b) Protective Retribution: Not inflicted b/c society wants to hurt wrongdoers, but because punishment secures moral balance to society.
c) Victim Vindication (Retribution): Way to “right a wrong.”
C. WHAT IS USED TODAY IS A MIXED THEORY APPROACH!!!
D. THE EIGHTH AMENDMENT
1. Ban on cruel and unusual punishment
2. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
III. Two Required Elements of a Crime
A. Actus Reus: Physical or external part of a crime (“GUILTY ACT”).
1. Elements
a) Cause
(1) Proximate: “Yes I set it in motion”
(2) But for: “But for Wells Fargo mishap it occurred”
b) Death
c) Other(H.B.)
2. Voluntary Acts
a) Therefore, sleep walking, unconscious, epileptic seizures are all involuntary, however, if brought about voluntarily, then AR met
(1) Ex : Unconscious b/c of drugs; Not valid defense
(2) Ex: former army specialists was trained to react a certain way and stabs someone when they did something to trigger him; army man’s act may have been involuntary.
b) Absence of consciousness precludes existence of mental state and excludes possibility of voluntary act.
3. Omissions to Act
a) Before criminal liability for omission to act is imposed, there must have been a legal duty to act.
b) Omission to act must be direct cause of death or injury.
c) Moral obligations are not legal duties to act!!!
d) What gives rise to legal duty?
(1) Hubby to wife, parent to child, captain to seaman, contractual duties, statutory duty to act, assumption of duty to act by beginning help, if D has custody of person such as nursing home, child care, etc.
e) Comparison: medical intervention is an affirmative act and removal of medical intervention is omission to act
f) Hypo: Why does a mother have to feed child? Because she has a legal duty to act. Then why does a doctor have to keep feeding a patient that is non-responsive
nverted to 2nd Degree Murder of Depraved Heart
(2) Difference between Negligent Homicide is awareness of risk!
C. STATUTORY MURDER
1. First Degree Murder(Planned killing): Willful, deliberate, and premeditated killing
a) Usually proven through circumstantial evidence.
(1) Elements of Law+ Actus Reus elements
(a) Willful: Intent to Kill
(b) Pre-meditated(“it occurred to me”): Form the idea before the crime
(i) Short time qualifies
(c) Deliberated: Giving second thought to the act, weighing the consequences, reflecting upon act.
(i) Requires time to think about act. How much time is the question?? No answer…
(2) Determining Premeditation and Deliberation
(a) Six Factors(Not all Required to prove elements)
(i) Want of provocation on deceased
(ii) Conduct/Statements of D before/after act
(iii)Threats/Statements before and during course of death’s causal act.
(iv)Ill will/previous difficulty b/w parties
(v) Dealing of lethal blows after D is helpless
(vi)Evidence that killing done brutally
(a) Ex. State V. Forrest- dying father in hospital who was killed by son to prevent suffering.
2. Second Degree Murder (Unplanned Killing): All other killings with malice.
a) Malice: acting knowing the consequence of act might include the death of another.
