Hour 1 Criminal law doctrine Common law v. MPC (not law in any particular state- just a model) Policy1.

5 generally recognized theories of punishment a. Utilitarian theory (future) i. General Deterrence 1. Idea we punish a particular defendant in order to deter other ppl from committing further crimes ii. Specific Deterrence 1. Idea we punish this particular defendant from discouraging him committing further crimes iii. Incapacitation 1. Idea we lock somebody up to prevent them from committing further crimes iv. Rehabilitations 1. Idea we treat the idea, we teach him, so that he will no longer commit crimes in the future b. Retributive theory i. We punish someone because they deserve it ii. How do we determine what someone deserves 1. Harm a. What were results of defendants bad conduct 2. Culpability a. Defendants choice b. Intent will be more than accidental Doctrine 1. 2. 3. 4. 5. Essential elements of crime Specific Crimes Incohent offenses Accomplice liability Defenses

Essential elements of crime 1. Physical Act (Actus Reus) a. Basic rule- without an act you cant have a crime b. What is an act?

i. A voluntary bodily movement 1. Minimal requirement ii. There are 3 types of movements that arent voluntary 1. When the movement is not the product of the actors volition a. Somebody else moves you 2. Sleep walking a. Unconscious movements 3. Reflexes or convulsions iii. Defendant has seizure disorder, knows he has it, doesnt take medicine, gets in car and drives and kills somebody- was it voluntary 1. Answer yes 2. Getting in the car and driving in the first place is the act c. Omissions Rule i. Some limited situations in which a failure to act can be a basis for criminal liability ii. Need 3 things 1. Legal duty to act a. 5 recognized duties to act i. Statutory duties 1. Good Samaritan 2. Duty to file tax returns 3. Duty imposed on some professionals to report child abuse ii. Duty imposed by contract 1. Babysitter 2. Lifeguard 3. Doctor iii. Duty created by status relationship 1. Relationship between 2 parties 2. 2 kinds a. Duty of one spouse to help other spouse b. Duty of parent to help a child iv. Voluntary assumption of care 1. If you start helping someone you might have an obligation to continue 2. If you started and stop, then you could have left them in a worse position than when you started v. Duty created by creation of the peril 1. If creation is my fault- then you might have a duty to help b. Need 2 more things

i. Knowledge of the facts giving rise to the duty 1. You are at the beach, a child is drowning, its your child, you have the duty to help, but if you werent aware that it was your child then you dont have that legal duty ii. Need ability to help 1. Your kid is drowning but you cant swim- you just have to get someone elses help 2. Mental state a. Common law and mpc differ b. Common law i. 4 diff. types 1. Specific intent a. When the crime requires not just desire to do act but also desire to achieve specific result b. Specific intent crimes i. Assault ii. First degree premeditated murder iii. Variety of crimes against property 1. Embezzlement 2. False pretenses 3. Larcency iv. Robbery v. Forgery vi. Burglary vii. Solicitation, conspiracy, attempt 2. Malice a. When a defendant acts intentionally or with reckless disregard of an obvious or known risk b. 2 crimes i. Murder ii. Arson 3. General intent a. The defendant need only be generally aware of the factors constituting the crime, he need not to intend a specific result b. Example i. Battery ii. Rape (forcible) iii. Kidnapping iv. False imprisonment 4. Strict liability a. Absence of a mental state

No intent crimes Does not matter what defendant was thinking All that matters is he acted Come in 2 diff. types i. Public welfare offenses 1. Regulatory or morality offenses that carry a small penalty a. Selling adulterated food b. Selling alcohol or tobacco to a minor ii. Statutory rape 1. Carries severe penalty 2. Only strict liability crime that carries severe penalty ii. Where mental states become important is in context of mistake 1. Rules about mistake help apply mental state 2. Mistake of facta. Whether a defense or not depends on mental state of crime and whether mistake was reasonable or unreasonable b. When claim mistake say they didnt have mental state to commit crime Specific General/malice Strict Liability Any mistake will be a defense Only a reasonable mistake can be a defense No mistake will ever be a defense

b. c. d. e.

c.

d. A reasonable mistake will a defense to any crime except a crime of SL e. An unreasonable mistake will be a defense only to specific intent crimes f. How will it be tested on exam i. Whether a mistake is reasonable or unreasonable. Very fact specific 3. Mistake of law a. Mistake of law is not a defense b. Exceptions i. When the statute specifically makes knowledge of the law an element of the crime 1. Selling a gun to a known felona. To be guilty you have to know the guy is a felon c. Model Penal Code Mental States i. Def. of mental states ii. 4 terms

1. Purposely a. intentionally b. Defendants conscious object to cause particular conduct or cause particular result c. That is what defendant meant to do 2. Knowingly a. Defendant is aware of his conduct or aware of circumstances b. Defendant has knowledge 3. Recklessly a. Def is important b. When defendant is aware of and consciously disregards a substantial and unjustifiable risk 4. Negligently a. Def is important b. When defendant should have known of a substantial and unjustifiable risk iii. Mistake of fact under mpc 1. Does the defendants mistake negate the mental state 2. Purpose- did he mean to do it 3. Knowingly- did he know what he was doing 4. Reckless- was he aware of risk 5. Negligently- my conduct was not a substantial and unjustifiable risk iv. Mistake of law under mpc 1. Mistake of law is not a defense 3. Causation a. Fact specific b. 2 types of causation- you need both c. Actual or but for i. Rule- a defendant is actual cause if the bad result would not have happened but for defendants conduct ii. The only thing that is tricky- its a bit of a double negative iii. If yes, then he is not actual cause iv. If no, then he is actual cause v. Hypo- someone is walking down dark alley when they are confronted by mugger, mugger takes wallet says dont move for 30 second.then victim is struck by lightning is mugger liable- yesbut for the mugging- defendant would not have been standing there and he would have been mugged. d. Proximate causation- legal causation i. A defendant is a proximate cause if the bad result is a natural result and probably consequence of defendants conduct ii. 2 key concepts for determining proximate causation 1. Foreseeability

a. How foreseeable was bad result given defendants conduct 2. Fairness a. How fair is it to hold defendant responsible for bad iii. 2 things to be aware 1. Defendants usually not responsible for unforeseeable intervening events a. Mugging victim who died of lightning i. Proximate cause-? no b. I stab victim- inflicting serious but not fatal wound. Victim goes to hospital for surgery- doctor negligently cuts vein victim diesyou responsible. Yes. 2. Eggshell victims a. Take victim as you find him/her 4. Concurrence a. The defendant must have the mental state at the time he engages in the act b. Consider mental state for each act Specific crimes 1st identify crime 2nd list the elements of the crime 3rd apply facts to those elements Assault and Battery 1. Common law def. of battery a. The unlawful application of force to another resulting in either bodily injury or offensive touching b. Mental state i. General intent c. Punching someone in the nose 2. Common law def. of assault a. Attempted battery b. The intentional creation other than by mere words of a reasonable fear of imminent bodily harm i. The fake punch if the purpose is to scare the other person into thinking they were about to be harmed c. Mental state i. Specific intent d. What was his purpose? 3. Assault and battery come in a variety of levels a. Kinds of things that make crime more serious-

i. Presence of weapon ii. Victim is child, elderly person, handicap iii. If intent is to commit robbery or rape Homicide 1. 1 preliminary rule a. Common law rule- death must occur within a year and a day of the homicidal act i. No longer rule in most American jurisdictions ii. Really a causation idea 2. Common law homicide crimes a. Murder i. Causing the death of another person with malice aforethought ii. Key mental state 1. Malice aforethought a. Term of art b. Means 4 specific things under common law i. Intent to kill 1. Doctrine of transferred intent a. I want to kill so and so- take out gun aim and shoot- miss her and kill guy next to her..guilty for murder? i. Take intent and transfer from her to him b. Dont transfer intent unless it actually is a completed crimedoesnt transfer on attempt ii. Intent to inflict great bodily harm iii. Extreme recklessness iv. Felony murder c. Test mental states in 1 of 3 different ways i. Question might tell you mental state ii. 2 ways to figure out mental state 1. Defendants conduct iii. Putting words in defendants mouth iii. Act- same for all- killing someone iv. 1st degree murder-premeditated and deliberate 1. Think about it, plan- then it will be first degree murder not regular murder b. Manslaughter i. Voluntary

1. An intentional killing committed in the heat of passion after adequate provocation 2. Action here is in provocation 3. Provocation that would arose sudden and intense passion in the mind of an ordinary person and where the defendant did not have time to cool off a. Finding your spouse in bed with another person i. Actually find them engaging in adultery b. In some states- words alone can never be adequate provocation 4. ii. Involuntary 1. Unintentional killing 2. Killing committed with criminal negligence 3. Killing committed during a crime that is not felony murder a. Misdemeanor manslaughter c. Felony murder i. Any killing caused during the commission of or attempt to commit a felony ii. What is a felony? 1. If a crime is punishable by more than 1 year in jail iii. 6 limitations 1. Defendant must be guilty of underlying felony 2. The felony must be inherently dangerous a. Armed robbery 3. The felony must be separate from the killing itself a. Merger rule i. Means aggravated battery cannot be basis for felony murder b. Independent felonious purpose 4. The killing must be during the felony or during immediate flight from felony 5. Death must be foreseeable 6. The victim must not be a co-felon iv. In most states all that matters is that one of the felons caused the death 3. Model Penal Code Homicide a. Murder 3 forms i. Intent to kill ii. Extreme recklessness iii. Felony murder 1. Similar to common law 2. Simpilar b/c limits felonies to list a. Burglary b. Robbery

c. d. e. f.

Arson Kidnapping Escape Sexual assault

b. Manslaughter i. Intentional 1. Intentional killing committed under influence of reasonable extreme emotional disturbance ii. Unintentional c. Negligent homicide i. Reckless killing 1. Killing which means defendant is aware of and consciously disregards substantial and unjustifiable risk of death