Criminal Law I Outline
Purposes of Criminal Law
1. Deterrence
a. General
i. Punishing some to deter other members of society
1. Ex. Halushka’s laptop policy
b. Specific
i. Punishing individuals so they don’t repeat the act
2. Incapacitation
a. Freedom to move as a citizen is withheld to physicaly prevent criminal behavior
3. Retribution
a. Just desserts
4. Rehabilitation
Theories of punishment
1. Utilitarian
a. Pro’s
i. Human’s are rational thinkers,
ii. Purpose deterrent
iii. Greatest good for greatest # of people
iv. Believes criminals can be rehabilitated
b. Con’s
i. Justifies punishing innocent
ii. Takes focus off of wrongdoer
2. Retributive
a. Pro’s
i. Human’s possess free will
ii. People are not rational thinkers
iii. Justifies punishment for a particular past reason
b. Con’s
i. Punishment without prospect of future benefits
ii. Glorifies anger and revenge
iii. Last person on earth still deserves to be punished
3. Case Example:
a. Regina v Stephens
i. Stranded at sea and ate guy
1. Utilitarian
a. Punish them for killing without drawing lots as was customary of their time in order to prevent similar occurrences
2. Retributive
a. Punish them because they cause suffering
Types of Evidence
1. Circumstantial Evidence
a. Indirect evidence use to infer that some other fact is true
i. Wet coat indicates its raining outside
b. Can be swayed
2. Direct Evidence
a. Material Fact
b. Can’t be swayed
i. Open door see rain
Terms of Art: terms in the law that have a special legal meaning, defined by courts or legislature. Legal meaning of words can be different that actual definition. **The words mean whatever the courts say that they mean.** (words in the law have changing meaning depending on the context and depending on the case.
Corpus Delicti:
1) Evidence of a Death
2) Criminal agency (criminal means to cause death- stabbing, strangling, etc.)
a. Direct evidence or
b. Circumstantial evidence (common sense inferences from the facts)
*Whether direct evidence or circumstantial evidence is stronger than the other depends on the specifics in the case.
Procedural Corpus Delicti: Can’t use defendant’s out of court confession to prove the corpus Delicti. (Cannot use an out of court confession in c
provided for in the statute
ii. Purpose to achieve another goal by committing the offense
2. Actus reus
a. Defendant’s conduct
b. The harm caused by the defendant’s voluntary act
Common law- (judge made) different opinions of the court
Statutory law- legislature passes a statute
Common Law Murder
Homicide Is the actual killing of somebody
Murder “Malice Aforethought” (do NOT need to prove the intent to kill, it could still be murder)
Malice:
Case Examples
1. Banks v. state Malice
a. D Shoots into a moving train
b. Willfull disregard of a very high risk that represents a gross deviation from a reasonable person standar
c. Depraved heart murder
i. Malice does not have to be targeted at a specific person
2. King v. state Malice
a. Shot into car while aiming for the tires hit victim in head
b. Depraved heart murder
i. Very high degree of risk
The mens rea required for the crime to be murder
