Criminal Law Outline

CRIMINAL LAW OUTLTINE
Professor Gershel, Michalemas 2008

I. Introduction and Purposes of Criminal Law
A. Deterrence
1. General – keep the community from doing that person’s act
2. Specific- keep that specific person from doing that act again
B. Incapacitation- prison
C. Retribution- “just desserts” – receive what one deserves
D. Rehabilitation- change behavior so the person won’t do it again
E. mens rea- the intent the person had
F. actus reas- the actual act the person does

II. Theories of Punishment – *can be blended together sometimes*
A. Utilitarian
1. greater good for the greatest number of people
2. believe in deterrence
3. don’t advocate punishment
B. Retributive
1. punish the individual who has chosen to do wrong
2. “Just desserts” – broke the law, get punished (what you deserve)

III. Corpus Delicti- (prove crime has occurred before can convict someone)
A. Death
B. Criminal agency of another
C. Do not use confession outside of court because they are unreliable
D. Circumstantial evidence is the most persuasive evidence to establish C.D.
E. Do NOT have to have the body to establish C.D., but must est. death.

IV. Common Law Homicide (4 Types) – the unlawful killing of a human being with malice aforethought; must prove malice for ALL
A. MALICE- the intentional doing of a wrongful act; does not require premeditation
B. Intent to kill
1. Express malice
2. w/out justification, excuse, or mitigating circumstances
C. Intent to do great bodily harm
1. implied malice
D. Depraved Heart – (subjective test)
1. VERY HIGH degree of risk that death or great bodily harm could occur
2. Of which the actor is aware based on the circumstances known to him
3. w/out excuse, justification, or provocation
4. there doesn’t have to be intent
5. implied malice
E. Felony- Murder – An unintended death during the commission or attempted commission of ANY felony.
1. implied malice
2. Limitations
a. People v. Ireland
b. Merger Limitations
c. Inherently Dangerous Felony
i. arson, rape, robbery, kidnapping, burglary
3. Accomplice Liability – all parties are responsible for deviations from a common plan which are reasonably foreseeable consequences for carrying out that plan
F. Involuntary Manslaughter- (use objective standard)
1. Criminal Negligence (objective standard)
a. any conduct, except conduct intentionally harmful or recklessly disregardful of an interest of others which fall below the standard established by law for the protection of others against unreasonable risk of harm.
i. i.e. D takes gun, knows is loaded and as a joke fires a grp of ppl and his someone – would be depraved heart
BUT if D thought the gun was unloaded it would be criminal neg.
2. no intent required
MUST BE:
3. HIGH degree of risk or serious bodily injury AND
4. D must be aware that his conduct creates this risk OR at least that his conduct creates a reasonable foreseeable risk of serious bodily injury or death substantial departure from how an ordinary person would act under like circumstances
5. without excuse, justification or provocation
G. Voluntary Manslaughter – intent, objective test