I. Theories of Punishment • A. Utilitarianism • The criminal law should be used to help maximize social welfare (happiness) • It means we only punish to the extent that society is made happier • How can social welfare be maximized? • 1. General deterrence • Others seeing people do a crime and get punished will refrain from doing the same • 2. Specific deterrence • If you punish a person, maybe they won't commit a crime in the future • It is a loss of their liberty that they don't want to lose again • 3. Incapacitation • If someone is in jail and unable to commit a crime, society is happier • B. Retribitavism • We punish wrong-doing because it is morally right and an obligation • Everyone is treated as a human being (as an end, rather than a means) • If someone acts in a way less than a human being should act, then we show them respect by punishing them • Everyone makes choices and they get what they deserve • KEY: Proportionality • The punishment should fit the crime • The evil that the criminal inflicts on society is repaid • C. Constitutional Restraints on Punishment • Due Process • If reasonable people disagree about the application of a crime, then it is void • Fail to do one of two things: • 1. Fail to notice • 2. Arbitrary or • Ex Post Facto • The Constitution prohibits laws that impose criminal liability after the fact • 1. Conduct that is lawful when committed • 2. If it makes a crime great than when it was committed (retroactive increase of punishment) • 3. Inflicts greater punishment than when it was committed • 4. If a law reduces the amount of evidence required to convict and applies the law retroactively

Relationships (i. Prohibited result (i. Mens Rea . nanny. traffic laws) • 2. and causation.e. Actus Reas • The physical or external element of a crime • Types: • 1. Contracts. Prohibited conduct (i. The punishment does not measurable advance deterrence or retribution. husband/wife) • 4. Statute • 2. or • 2.. statutory rape crimes require age) • Facts or circumstances that must be present to commit a crime • Conduct and results have to be committed by a voluntary act • Omissions do not generally form the actus reas unless an omission violates a legal duty • Look for whether there is a: • 1. killing a person. Assumption of Care • If you voluntarily accept to take care of someone. imported from England into the U.. Sources of Criminal Law • Common Law • Crimes decided by judges..e.. lifeguard. either: • 1.. hit and run) • B. • A. Elements of Crime • Every crime shares: actus rea.. parent/child.e.e. Attendant Circumstances (i. Certifications (i. II. • Statutory Law • Crimes are defined by state legislature • Started in the 19th Century • Model Penal Code • Influential across the country • Never fully adopted III. Creation of a danger (i.e. doctor) • 3. mens rea. you are liable for them • 5. homicide) • 3.e.• • • You can't change the rules in the middle of a game to favor a particular prospect • 8th Amendment • The Constitution prohibits cruel and unusual punishment. The punishment is grossly disproportionate to the crime.S.

causation is relevant because the conduct had to have caused the prohibited result • Two components • 1. Recklessness • Awareness of the risk • If you know of the risk and ignore the risk. not a difference in degree • Common Law • Negligence and recklessly mean the same thing • Intentionally means knowingly and purposefully doing something • Maliciously • Typically now means recklessly at the very least • Willfully • Either intentionally or any culpable state of mind (from negligence all the way up) • The actus rea and mens rea have to occur at the same time • C.. Proximate Cause. would the prohibited result have occurred? • 2. Actual Cause. Causation • For result crimes. driving fast to get somewhere. and • "But for" your conduct. that is recklessly • If you don't know of the risk and should know of the risk.e. wanting to kill someone) • Knowingly • Awareness that you are engaging in a crime or a result that would occur • Recklessly • Gross deviation from the norm and consciously disregarding a substantial and unjustifiable risk • Negligently • Gross deviation from the norm and failing to be aware of a substantial and unjustifiable risk • Negligence vs. • Foreseeability is required .goal. that is negligently • A difference in kind.• The internal or mental element of a crime • Model Penal Code • Purposefully • Conscious object . what is trying to be done (i.

• • The natural and probably consequence of your conduct • Some things that can get in the way of foreseeability: • 1. Felony Murder • Actus Rea . Crimes Against the Person • A. terrorism) • Second Degree . Passage of time • 3. not third parties or police officer • During • Going to the felony and leaving the felony are included . it is strict liability • Causation .any other type murder and all other felonies that result in death • 2.if the death results from statutory felonies (rape. Homicide • Common Law • 1. drug crimes. Intervening acts • 2. larceny. • B) Intent to inflict serious bodily injury. or • D) Felony murder • Causation • Degrees • First Degree • A) Mens Rea . robbery.a killing during the course of a felony • Mens Rea .none.unlawful killing of another human being • Mens rea .malice aforethought • Malice means • A) Intent to kill.premeditated and deliberate (mercy killings) • B) Felony Murder . • C) Depraved heart murder (gross recklessness in risking human life).conduct during the felony has to have caused the death • Limits • Killing • Could be by anyone in the old approach • Modern approach is that it has to be the D or Co-D. Murder • Actus reas . Bizarre coincidences IV.

e. someone cheating and getting caught. • 2. Involuntary • Two types: • Recklass or Negligently killing • A) Actus rea ..e. Knowingly ..killing • B) Reckless or negligent killing of someone • Misdemeanor manslaughter • The predicate crime is a misdemeanor and death results • Model Penal Code • 1. someone seeing a relative getting hurt). robbing a bank and running over someone when leaving.• Felony • It used to be violent crimes (rape. and • Words alone are not enough • C) No cooling off period. Voluntary • A murder that is committed in the heat of passion • Heat of passion: • A) A sudden and intense reaction. not check fraud) • Some states say that the felony has to be independent of or separate from the killing (i.e. this is separate) • 3. larson) • Modern times it has been expanded to any other felony that results in death • Burden of proof: the felony must have been proven beyond a reasonable doubt • Two other limitations: • Some states limit it to inherently dangerous felonies (i. • B) Adequate provocation that would inflame a normal person(i. robbery. Murder • No degrees • Mens Rea needed: • 1. Purposefully • 2. Manslaughter • Two types: • 1..

taking away another's property by trespass or trick (without valid consent) • Mens Rea . 18 in others) • Mens Rea • None. Manslaughter • No involuntary or voluntary • Two ways to commit manslaughter: • 1. Without consent • Mens Rea • Common Law: any culpable or blameworthy state of mind regarding consent (i. in some jurisdictions. Crimes Against Property • A. Recklessly with extreme indifference to human life (presumed if the murder occurs during serious felonies.• • 3. Larceny • Actus Rea .. Like common law heat of passion. it is strict liability V. negligent or reckless about whether or not they consented) • A reasonable mistake.e. if murder was done with extreme mental and emotional distress for which there is a reasonable explanation or excuse from the actor's situation under the circumstances as he believed them to be • It doesn't have to be an immediate reaction • The juror gets into the killer's shoes to determine culpability • 2. By force or threat of force • 3. Sexual Intercourse (common law: penetration) • 2. 16 in others. Negligent homicide • Negligently killing • B.the intent to permanently deprive . will get you off the hook with mens rea • Statutory Rape • Acuts Rea • Sex with a minor (14 in some states. Rape • General intent crime • Actus Reas • 1. but can be prove differently) • There is no felony murder • 2. Recklessness plus a killing • 3.

taking title to property by misrepresentation • Mens Rea .the intent to defraud • Tip: • Title passes • Future promises do not count Larceny vs. It has to be personal property • 3. saying you're the police) • Doesn't count if a door or window is already open • Entering: any part of the body or tools used (includes bullets) • Dwelling: someone sleeps there • At night (common law) • Specific intent to commit a felony • Modern Version: • Breaking and entering a building of another with the intent to commit a felony • No longer needs to be a dwelling or at night E. Burglary • Breaking and entering a dwelling of another at night with the intent to commit a felony therein • Breaking: any force by threat or fraud (gun.conversion of property that is held in trust • Mens Rea .taking another's personal property from his or her presence by force threat of force . Embezzlement • Actus Rea .• • • • • • Tips: • 1.the intent to defraud C. but then return it and still be guilty of larceny) • 2. Embezzlement • Possession is the difference • The owner is at issue • Embezzlement is when the criminal is already in possession of the property D. Robbery • Actus Rea . Title does not pass B. False Pretenses • Actus Rea . Brief dispossession counts • You don't have to intend to keep the property personally • You can take it with the intent to keep forever.

agreement to commit and unlawful act or series of acts • Some states require an overt act .with the intent to permanently deprive that person • This is larceny by force or threat of force • Robbery vs.with the intent that they commit the crime • Liability Rules: • 1.a step taken towards completion of the crime) (i. Impossibility is no defense • C. an undercover cop is solicited) • B.. Inchoate Offense • These are specific intent crimes • There is a purpose of committing a particular crime • A.e.• • Mes Rea . Solicitation is complete once the words are spoken (can't be taken back) • 2. Embezzlement • Presence is the difference • Robbery is then and there • Embezzlement is when the property is not there VI. Impossibility is not a defense (i. You are at least liable for entering into a conspiracy • 2.Dangerous proximity (Common Law)/ substantial step (MPC) toward the completion of a crime beyond mere preparation • Mens Rea . Attempt • Actus Rea . scoping out the scene. Pinkerton Liability (Common Law): you are also liable for foreseeable crimes by co-conspirators in furtherance of the conspiracy • 4.asking or encouraging someone to commit a crime • Mens Rea . Solicitation • Actus Rea . buying the materials) • Mens Rea .The intent to commit the target crime . Solicitation merges into the target offense (Merger Doctrine) • 3.. You are also liable for the target crime • 3.intent to commit the crime being agreed to • Approaches: • Unilateral Conspiracy (Minority and MPC): Only one party must have the intent to achieve the crime (the other party can be an undercover cop) • Bilateral Conspiracy: Both parties have to have the intent to commit the crime (undercover situation doesn't work) • Liability Rules: • 1. Conspiracy • Actus Rea .e.

getaway car driver) • 3.e.attempt to poison. without other facts... but are liable for a separate crime for being an accessory after the fact • Modern Law (Statutory Approach) and MPC (in a nutshell) • Not focused on first and second degree principles or accessories before and after the fact . you still need to know what they are thinking • The more a person does.depends on the party you are to the crime • Parties to the crime: • 1. Accessory before the fact • The person is not at the scene of the crime.. Attempt merges into the target crime upon completion (Merger Doctrine) • 2. Factual impossibility is no defense. the more you have to show their mens rea • Liability Rules: • 1. For principles in the first and second degree and accessories before the fact are liable for: • A.. the planner or the supplier) • 4. The committed crime. family member who provides hide-out) • Liability Rules: • 1. Accessory after the fact • The person is not at the scene of the crime. but doesn't commit any elements of the crime (i. For accessories after the fact. but provided assistance before (i.• • Getting out a gun and loading it. they are not liable for the committed crime. masked bank robber) • 2. but provided assistance after (i. but use a non-poisonous element by mistake • Legal impossibility . Principle in the second degree • The person who is present at the scene of the crime to help in the completion.if something isn't a crime. • 2. and • B.e. legal impossibility is a defense • Factual impossibility . Foreseeable crimes. Accomplice Liability • Common Law . Principle in the first degree • The person who is present at the scene of the crime and commits at least one element of the crime (i.e.e. even though you think it is VII.

you intended to assist the commission of a crime • Grandma example • The grandkids want to rob the bank • The grandmother at least wants them to have a health breakfast to start their day and have a successful bank robber • She is liable under the modern approach because she is assisting VIII. unless: a) it is in your home.e. you don't have to retreat when it is when someone is making a lawful arrest.. Deadly Force • You have to have reasonably believed that deadly force was necessary to defend against imminent. Non-deadly Force • You have to have reasonably believed that the non-deadly force was necessary to defend against imminent. under mens rea. Also. or • B. Defenses • A.e.. if it starts out with a fist punch. Self-defense • Depends on whether you use deadly force or non-deadly force and whether it was necessary • 1.e. you are liable if. unlawful force (i. under the actus reas. someone is about to shoot you) • Majority: You don't have to retreat • Minority: You have to retreat. The aggressor withdraws with communication through words or actions. (i. The escalation goes from non-deadly force to deadly force. Lo's 'Enough') • Your use of force was immediately necessary on the present occasion to protect against unlawful force . unlawful deadly force or serious bodily injury. b) it is rape or robbery. J. you assisted in the crime and... (REASON: this is because people don't need to think they • Depends on whether you are the aggressor or not • The aggressor (the person who threatens unlawful force first) cannot use self-defense. someone is about to punch you) • You DO NOT need to retreat • 2. then you can strike first (i.e.• • Typically say. then the other person pulls a gun) • MPC Self-defense: • There is no imminence requirement (i. unless: • A. in a bar fight.

then she is liable for negligent homicide . .• Immediately necessary than imminent force • MPC was thinking of battered woman's syndrome • Issue under MPC: • The level of your mistake determines your liability. mens rea.e.if the woman was negligent in use of force. for the crime • I.

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