Outline for Criminal Law – Beery – Summer 2010
Sources of Criminal Law
Sources of Criminal Law
Common Law
Judge made law, originating mostly from English Law
Statutory Law
If a statute uses a common law term without defining it, the statute assumes the common law definition. If a statute codifies common law without element of mens rea, intent is read into the statute.
Model Penal Code
NOT LAW – very subjective: A set of model codes designed by the American Law Institute to help guide courts by defining crimes and their elements.
Theories of Punishment
Utilitarian
Definition – punishment seeks to punish offenders to discourage, or deter future wrongdoing — this is the consequentialist. They seek to maximize the happiness of society. They look forward based on societal benefits.
Elements of the Utilitarian
Incapacitation
Place D in prison to prevent him from committing the same crime
Deterrence
General Deterrence
D is punished for purposes of the general public foregoing the criminal act performed by the D
Specific Deterrence
D is punished to prevent future misconduct. This can be completed by incapacitation. Incapacitation can be defined as prison.
Incapacitation
Physically prevent individual from her from committing another for a specified period and second it will supposedly discourage the offender from repeating the criminal behavior
*** Note if a prisoner is sick and death is imminent, society is not served by his continued confinement because he is no longer a threat to society.
Rehabilitation
This a form of reform — goal is the same to reduce future crime, but instead of harsh punishment — may include psychiatric care, therapy, education or vocational training
Retritbutivist
Definition – seeks to punish offenders because they deserved to be punished — it is the right thing to do. It upsets the peaceful balance of society and punishment helps to restore the balance. They look backward at the transgression on the basis for punishment. Also look at the moral depravity of the offense.
Assaultive Retributivism
Criminals are scum of the earth and should be punished.
Protective Retributivism
Only way committer can atone himself or herself of the wrong doing. Way for society to secure a moral balance. “Universal Bank Account” principle owes a debt and it should be repaid.
*** Note – Moral depravity and the prostitute is on the mid-term. The prostitute is punished for the act.
Cases Regarding Unfair Punishment
Queen V Dudley and Stephens
Backstory
Capsized boat and Dudley and Stephens decide to cannibalize the 4th individual to survive.
Court’s finding
Murder = death, regardless of the fact they were just trying to survive.
People V Du
Backstory
Latesha entered liquor store and Du the shopkeeper got into an altercation over OJ and the result was that DU shot her
Court’s finding
The result was no jail. The court found the following seven factors:
In imposing sentence I must first consider the objectives of sentencing a D:
protect society
punish the defendant for wrongdoing
encourage the defendant to be good in the future
incapacitate the defendant
make restitution for the victim
be comparable to punishments for similar crimes
deter other crimes
US V Gementera
Storyline
D stole mail and was sentenced to walking around a USPS with a sandwich board that says “I stole mail and this is my punishment”
Holding
The court erred in their issuance of punishment — can’t humiliate — it is unconstitutional. Oh Shit — It must be revised.
Coker V Georgia
Storyline
Coker was convicted of rape and sentenced to death.
Holding
Ruled that death is grossly disproportional punishment for the crime of rape of an adult woman. Rape does not equal death penalty.
Ewing V California
Storyline
Ewing was tried for “3 strikes and your out”. Sentence was more like Romell.
Holding
The punishment must be proportional to the crime. (1) the gravity of the offense and the harshness of the penalty, (2) the sentences imposed on the criminals in the same jurisdiction, (3) the sentences imposed for commission of the same crime in other jurisdictions.
Proportionality of Punishment
Eighth Amendment and Limits on Punishment
The Supreme Court has held that implicit in the Eighth Amendment’s prohibition against “cruel and unusual punishment” is that punishment not be grossly disproportional to the crime committed.
Constitution
Organic living document
Crime has two parts
Actus Reus –
Definition
A voluntary act (1) that causes (2) social harm (3). Evil act – the criminal act itself
Example of Definition
If a picks up a knife and stabs B, killing B, the actus reus of criminal homicide has occurred.
A has performed a voluntary act (1) (stabbing B), that caused (2) B’s death (3, the social harm)
More examples
Breaking the window into the dwelling
Stabbing the evil mother in law in the eye
Taking the delicious pizza from the store without paying
Affirmative
Voluntary act or involuntary act done under voluntary circumstances
Omission
Failure to act under a legal duty.
Mens Rea
Definition
Literal Translation (criminal mind) – Evil min
deceased was a woman doesn’t mean that the defendant owed her the duty of a husband-wife relationship. Yes the defendant had moral obligation to protect the deceased, but he did not have the legal obligation. Conviction set aside.
4 situations in which failure to act constitute breach of legal duty:
1. statute imposes the duty
2. where one stands in a certain status relationship to another
3. where one has assumed a contractual duty to care for another
4. where one has voluntarily assumed the care of another and secluded the helpless person from the possible aid of others.
Cases Regarding Mens Rea
United States V Cordoba
Storyline
Book did not give storyline
Holding
The court reasoned that defendants’ punishments had to be limited by their culpability, because that result was consistent with the fundamental tradition that blameworthiness hinged upon a culpable state of mind. It announced that it was adopting a rule whereby in sentencing a defendant who had been convicted of narcotics importation, the district judge should presume that the defendant was aware of the type of narcotics he or she carried, but the defendant would be afforded the opportunity to rebut this presumption; the government would then have the burden to establish mens rea
Regina V Cunningham
Storyline
No information from class
Holding
People V Conley
Storyline
No notes!!!
Holding
People V Staples
Storyline
Df’s house was searched and a weapon was found that would fire more than one round of ammunition for each pull on the trigger. The metal stop on the weapon had been filed away and the M-16 selector switch had been installed to enable the firing to be continuous
Holding
Df must have knowledge of the characteristics of the gun itself to be guilty under the Act. Otherwise cars could be construed as inherently dangerous and susceptible to Congressional legislation. The potential of a harsh sentence also begs the conclusion that the Act requires a showing of mens rea and not simply strict liability. The case compares the gun to food stamps and hand grenades. Food stamps are more like a strict liability crime.
