Criminal Law Outline
Sources of Criminal Law
English common law
Social morals
Modern legislation
Model penal code
Proving guilt at a trial
Right to a trial by jury: Under the Sixth Amendment, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.
Burden of proof: A person charged with a crime is presumed innocent. The State must prove the elements of a crime beyond a reasonable doubt.
Jury nullification: Is not a right given by the Constitution. It is power that the jury possesses to nullify the law. Because (1) a jury returns a general verdict; they do not have to justify their verdict; (2) the Fifth Amendment protects a defendant from “double jeopardy”
Purposes of Punishment
Utilitarian
Deterrence: general and specific
Isolation/protection
Rehabilitation
People v. Du
Retributivism
An ‘eye for an eye’
Constitutional Limits on Criminal Law
First amendment: Congress shall make no law….abridging the freedom of speech.
Second amendment: the right of the people to keep and bear arms
Fourth amendment: the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures
Eighth Amendment: cruel and unusual punishment [shall not be] inflicted
Fourteenth Amendment: Due Process Clause -> states not only guarantee procedural fairness to criminal defendants, but also to respect substantive principles of justice
Statutory Analysis
Due process
Burden of proof - on the govt in criminal cases
Standard of proof - beyond a reasonable doubt
Notice
Principle of legality - nullum crimen sine lege, nulla poena sine lege
No retroactive expansion/application of criminal laws
Compare: ex post facto (legislative), Art. I, Sections 9,10 of the Constitution.
Void for Vagueness Doctrine
Definiteness
Minimum guidelines to prevent arbitrary and discriminatory enforcement of the laws
Inhibits exercise of 1st amendment rights
Rule of Strict construction/doctrine of lenity(p 113): statutory interpretation in favor of the defendant and against the government.
Legislative intent
Common law
Plain meaning/dictionary
Purpose/policy
Statutes in pari materia
Legislative history
Principle of legality v ex post facto (how are they different)
Ex post facto applies to legislative
10th amendment
No retroactive creation or expansion of crimes
Principle of legality applies to judicial branch
No retroactive creation or expansion of crimes
Elements of a Crime
Actus Reus - Acts and Omissions
The criminal act Voluntary act or failure to act w/ legal duty
Failure to act: a legal duty and the failure to do so
MPC Under 2.01: Voluntary Act or Omission to Perform an Act of which the Actor is Physically Capable
Voluntary: not reflexive, volitional, compare: intentional, deliberate, purposeful OR legal duty
Statute: if a statute tells one that they have legal duty to help
Example: hit someone with a car dont leave or hit and run
Status: relationship status
Contract
Creation of risk
Assumption of duty
Example: lifeguard, security guard
If you assume the duty you have to finish it
All crimes have an actus reus, but not all crimes have a mens rea
Mens Rea - State of Mind
MPC SECTION 2.02 - Four mental States for Criminal Culpability
Purposely (aka intentionally) - conscious object to engage in conduct of the nature or to cause such a result and if the element involves attendant circumstances, is are of their existence or believes or hopes those circumstances exist
Knowingly - aware that his conduct is of that nature or that such circumstances exist and if the element involves a result of his conduct
Knowledge of high probability
Willful blindness = knowingly (same rule under the common law)
Recklessly - consciously disregards a substantial and unjustifiable risk. (subjective standard) the actors conduct involves a gross deviation from the standard of conduct a law-abiding person would observe in the actor’s situation
Negligently - when the actor should be aware of a substantial and justifiable risk. (objective standard) the actor’s failure.
General v specific intent
General intent - the intent to commit the actus reus of the crime; for general intent crimes it is assumed under the common law that the intent is purposefully or knowingly
Specific intent - any additional mental state required for the crime
Intoxication can be a defense
Attended circumstances
Not all crimes have attended circumstances but burglary does
Crimes
Arson (general intent)
Malicious (intentionally or recklessly)
Burning
Another’s dwelling
Battery (general intent)
Causation
Actual - but for, factual
Proximate - legal foreseeability
Strict Liability Offenses - Generally, Two Types:
Public welfare offenses - Malum Prohibitum (it’s wrong because we said so)
Ex: Traffic Regulations, Building Codes, Food and Drug Regulations, Liquor Sales
Common Law Partial Strict Liability Crimes - Malum in Se (wrong because they are inherently wrong)
Felony murder
Statutory rape
These are partial liability crimes because they are missing a mens rea
For felony murder there is no intent for the murder occurring because of the felony
For statutory rape there is no intent for the age
*Just because the statute does not directly state which kind of mens rea is required for a crime, then one must use the common law*
Causation
In order to have causation you MUST have both elements.
Actual/But For/Factual
But for the action, the result would not have occurred
Acceleration - both acts are causes in fact of the harm
Substantial factor test - either act alone causes the harm. Each act is a cause in fact of the harm
Proximate/Legal
Examine foreseeability of consequence.
Intervening causes - do NOT break the causal connection between the actor’s conduct and the resulting harm
Ordinary negligence = intervening
Superceding causes - do break the causal connection between the actor’s conduct and the resulting harm
Gross negligence = superceding
Apparent safety doctrine = superceding
Acts of God and third-party actions almost always superseding
Victim’s acts should also be taken into account
Public policy/Foreseeability
Types of Intervening/Superceding Acts:
Acts of God/Nature
3rd party acts
Victim’s acts
Intended consequences doctrine
Responsive intervening cause = intervening unless unforeseeable
Coincidental intervening causes = superceding unless foreseeable
Extreme recklessness -> Ordinary recklessness -> gross negligence (midpoint)-> civil negligence. Gross negligence: they were not aware, they should’ve been aware, and the failure to be aware is way below the standard of care
Homicide
Murder - common law
Killing of another human being
Human Being
CL: Born Alive
Modern: Feticide (some states)
CL: Cessation of Respiratory Functions
Modern: Brain Death
Causation
CL: 1 Year and 1 Day
Modern/California: 3 Years and 1 Day
Done with malice aforethought
Malice aforethought: if a person possesses one of the four states of mind
Intent to kill (more intense) 1st degree (express malice) (specific intent)
For attempted murder, it only works for intent to kill
Great bodily injury (less intense than intent to kill - generally speaking because this person was more than likely going to die) 2nd degree (implied malice - specific intent)
Depraved heart (unintentional killing) is extreme recklessness - you have to prove (implied malice - general intent)
There is subjective awareness/conscious disregard
Substantial/Unjustifiable risk of death
Felony-murder rule (implied malice - specific intent)
Partial strict liability - No intent to commit the actus reus necessary, only the intent to commit the underlying felony
CL: Any death during the commission or attempted commission of a felony
Causation (actual + proximate) - time, place, and manner
Modern limitations
Specifically, enumerated felonies
Inherently dangerous felonies
Case by case (majority): this felony must be committed without involving a substantial and unjustifiable risk of death then your
Abstract (minority, including California)
Merger doctrine/independent felony rule
Exception: independent felonious intent (have to prove two separate intent)
Exception: specifically, enumerated felonies
Causation (actual + proximate) - time, place, and manner
Accomplice liability
CL Rule - proximate cause
Redline rule (min) - no FMR if killing is justified
Agency Rule(maj)–FMR extended only to acts of agents (co-felons on the “same team”)
Death Penalty – Non-trigger co-felon
Extreme recklessness
Substantial participation in predicate felony
Majority of states that use 1 and 2 use specifically enumerated as first degree FMR and 2 as second degree FMR
Without excuse, justification or mitigation
If you have excuse or justification - you have the burden of proof
Minority perspective: Necessity can never be defense unless net lives are saved (Model Penal Code)
Majority not for murder
First Degree Intent to Kill Murder
Intent to kill murder with premeditation and deliberation
Premeditation: think about something beforehand
Majority like California: think premeditation can have in the twinkling of an eye
Minority: think premeditation is time for a second look -> it can happen quickly but not instantly
Deliberation: weighing options
Voluntary Manslaughter
Manslaughter: Unlawful killing that does not involve malice aforethought (because there are...