1) Purposes of Punishment: (Drafters of MPC were not fans of retribution and deterrence is utilitarian).

a) Retribution: An eye for an eye. No societal gain. b) Specific deterrence: Deters a specific individual from committing further crime. c) General Deterrence: Deter general public away from a particular behavior. d) Rehabilitation: To reform a person so that they can re-enter society as a productive individual 2) Queen v. Dudley & Stevens (England) a) Lost at sea, ate 17 year old. b) Convicted of murder, sentenced to death, punishment reduced to 6 months in jail. 3) Areas of Federal Jurisdiction a) Crimes committed on federal property b) Crimes that cause particular injury to the federal government c) Crimes that cross state lines d) A catch-all in which congress creates new laws (congress has been trending toward asserting more power). 4) Sentencing Reform a) Johnson v. State i) Cocaine transferred to baby from mother (person under 18). ii) Convictions overturned because public policy is to keep families together. b) United States v. Bergman i) Philanthropic Rabbi defrauds US Gov t. ii) Punishments can take circumstance into account. c) Ewing v. California i) Three strikes law; man steals golf clubs for third strike. ii) Court upheld third conviction and sentenced to life. 5) Sentencing Guidelines See class notes and handout 6) Elements of Crime a) Actus Reus needed in every crime b) Mens Rea Not all crimes, but most do c) Circumstance Only in a few cases d) Result most cases do not have this 7) Actus Reus Voluntary act that causes social harm a) People v. Newton Bahamas flight case; actions not voluntary because pilot changed course and D did not know he was acting under N.Y. jurisdiction. b) Jones v. United States i) Friend took care of friend s babes; one baby dies. ii) No legal duty c) Legal Duty duty to act when other in peril, established by: i) Voluntary assumption of care ii) Relationship of parties iii) Contractual obligation iv) Statutory duty d) Omission Failure to act to save another in peril i) Omission is criminally liable action if a duty is present e) Causation f) Eventual Harm resulting from Conduct 8) Mens Rea

no evidence he purposely showed himself.02(2)(b)(ii) (2) Definition 2: High probability of the knowledge of a fact as an element of a particular result (a) MPC 2.02(3).02(7) iii) Recklessly Disregard a substantial and unjustifiable risk e) Negligently Reasonable person should be aware of substantial and unjustifiable risk (unreasonable is a synonym). practical certainty Reckless Awareness of substantial risk Wasn t my goal I didn t want Didn t know for sure I had no idea never crossed my mind Negligent Should have been aware. f) Default mens requirement when not provided is recklessness. not guilty of indecent exposure. State i) Man thought he was 21 and old enough to vote because family told him so. g) United States v.5 d) Mens Rea Terms Descending order of culpability i) Purposely Consciously engage in activity that would cause a particular result ii) Knowingly (1) Definition 1: Practically certain that behavior will have a particular result (a) MPC 2. Voted. objective Knowledge High probability. The ignorance of law does not constitute a defense since he willfully did not file taxes. Purpose Aim. reasonable person would have been aware Honest AND reasonable belief Strict Liability No mens rea Never a defense . i) MPC 213. Not Guilty i) Mistake of Law MPC 2. No evidence it was intentional or willful. Peery Man seen naked at dorm. Villegas Court unsure of mens rea 2.a) Specific Intent i) Requires additional mens rea (actus reus + mens rea + mens rea) ii) 3 extra-special mental states (1) Intent to commit some other act in future (possession with intent to distribute) (2) Special motive or purpose for committing crime (larceny take property. goal.04 i) Wendt Tax protestor claims he did not know he had to file taxes. ii) Did not have Mens Rea. keep it forever) b) General Intent i) Actus reus + mens rea c) State v. but he was not actually 21. i) Man lets hepatitis b vials wash up on beach. (1) Did not have a high probability of knowledge that actions could cause harm. h) Gordon v.

she gets up and leaves.Mistake of Fact i) Vicarious Liability case Koczwara Owned a bar. woman takes man to his home. Can hold him liable for social well being of citizens because of the high responsibility of a liquor license holder. Girl says no. Willingly goes inside with him. only fined and no prison sentence. Court eliminates need for resistance. He has intercourse with her. D did not have requisite knowledge that grenades had to be registered. is sufficient mistake of fact to avoid conviction. which is between rape and indecent assault. Judge held that an honest belief. Dismissed. (6) Berkowitz College rap case. even if unreasonable. (a) In reaction to this case PA legislature created a law for sexual assault.1 (1) Person submits by (a) Force or threat . ii) Freed Hand grenade case (1) Received unregistered grenades that should have been registered. (4) Reynolds State must prove that D knowingly engaged in intercourse and recklessly disregarded lack of consent. iii) MPC Rape 213. sentence confirmed. 9) Rape i) Strict Liability/absolute liability (no mens rea required) MPC 2. (3) Morgan Husband and friends rape wife. (2) Garnett 20-year-old mentally challenged man had sex with underage girl.05 (1) MPC Rape = sex + sex with someone under age of consent (varies with jurisdiction) (2) No issue of consent for statutory rape because it is implied that there was no consent ii) Violations are not a crime but punishable by fine or forfeiture. (7) Iniguez Rape by friend s fiancé when she had been asleep. charged with selling beer to minors and having minors in bar. Strict liability crime. Court held that a jury could reasonably find threat and thus conviction and sentence upheld. D takes her clothes off and has intercourse with her. When Mistake = Defense Hernandez (California) Garnett (Maryland) Honest + Reasonable Never Mens Rea required regarding age Negligence (reasonableness read in negligence) None. Claims it was not him but his employees that violated the laws so he should be let off. However. (5) Rusk Friends go to bar. Rape conviction reversed and was convicted of indecent assault (defined as indecent contact with another without consent).Strict Liability j) (1) Hernandez D had sex with girl who was almost 18 and court held that he could provide evidence to attempt to prove he had a reasonable belief that she was 18.

g) Words and provocation i) Three schools of thought (1) Words are never enough for provocation (2) Words are sometimes sufficient (3) Words are like everything else in that it is for a jury to decide h) Common law voluntary manslaughter (remember. Anderson Man kills daughter of woman he was living with. Broad definition of 1st degree murder. not much left of 2nd degree (only intent to inflict serious bodily harm remained). so the purpose being to protect women. 3 part test: i) Prior actions (planning) ii) Prior relationship with victim (motive/intent). Boy returns home from school. the man died later of infection. d) People v. c) Commonwealth v. and iv) Reasonable person would not have cooled off i) MPC v. wives should be protected.(b) Impaired power to control conduct (c) Female is unconscious (d) Female is under 10 years of age (2) For MPC rape the focus is on the defendant (3) Psychological force does not result in convictions because victim is given choice (girl told to have sex with man otherwise would not graduate high school). uphold purpose of the statute. Thornton Man with scoliosis finds wife in bed with another man. Time requirement for premeditation was eliminated. Carrol Arguing with wife shoots her with pre-loaded gun that was on the windowsill. i) Manslaughter When something would produce a state of mind in an ORDINARY person that would cause the physical effects that followed resulting from the causal action where the person could NOT be held morally accountable. f) State v. 10) Murder a) Murder definition Killing with malice aforethought i) Must have one of these four conditions for murder: (1) Intent to kill (purpose/knowledge) (2) Intent to cause serious bodily harm (purpose/knowledge) (3) Depraved heart/extreme recklessness (4) Felony murder b) MPC does not break murder into degrees but rather considers it one crime. iii) Nature of killing e) Maher v. no common law in criminal law. but still considered as happening in the heat of passion. Discovers sister. Took time to leave and get the gun. Common Law Manslaughter i) Cooling off period required for CL. Convicted of 1st degree murder. relevant factor in MPC ii) MPC is more subjective . but laws often mirror common law concepts) All of these factors need to be present: i) Actually provoked ii) Reasonably provoked iii) Has not actually cooled off. (4) Marital Rape (a) Rational basis test related to government interest. People Defining manslaughter killing where D acts in heat of passion caused by reasonable provocation no malice aforethought voluntary manslaughter. shot man in the hip.

Knoller Lawyer dog attack case in San Francisco. encourage care iii) Retribution: more culpable if felony kills t) Inherently dangerous felony i) Abstract Does the statute prohibit the inherently dangerous act? (1) California Supreme Court uses this approach ii) Circumstance Is the defendant committing the crime in an inherently dangerous manner. and was granted a new trial under this standard. People die. indifferent to consequences (4) Gross negligence and wantonly reckless r) Felony murder committing a felony or attempting to commit a felony and someone dies strict liability crime i) Exceptions If felony is not the cause of death. Wanton or reckless conduct. i) Lawful act in an unlawful way (1) Reckless in the way you did something legal (2) Rash or reckless manner (3) Disregard for life. Widely accepted test requires awareness of endangerment to human life. must choose to run the risk. Owner hospitalized previous to the case. i) Conduct does not become criminal until it passes the barriers of negligence and gross negligence into wanton or reckless. limitations in underlying felonies. k) Depraved heart/Extreme recklessness i) Depraved heart most culpable ii) Involuntary manslaughter iii) Civil tort civilly negligent but not criminally culpable. provocation for common law. j) Reasonable person given same sex and age characteristics. q) Fienberg Guy sells Sterno. iii) Most jurisdictions use both . Can be convicted even if unaware of the risk. m) Alaska Factors for unintentional homicide i) Justification/social utility ii) Magnitude of risk (1) Seriousness (2) Likelihood iii) Awareness of risk iv) Precautions taken by defendant n) Intent to cause serious bodily harm Narrowly defined o) At common law involuntary manslaughter is less culpable than voluntary manslaughter p) Commonwealth v. Not present in this case according to the court.iii) Extreme emotional distress/loss of self-control (regardless of source) for MPC. Involuntary manslaughter conviction upheld. iv) Accident least culpable l) Malone Teenager Russian Roulette case Got second-degree murder (depraved heart terminology used). Welansky Boston nightclub fire. s) Purpose of felony murder i) Deter felonies ii) Deter accidental/negligent killings. Aware of toxicity of his product and aware of alternate usage of customers (used to imbibe).

u) Howard Guy driving stolen car while on meth. . Conviction reversed and remanded. Man comes out of house and shoots from the street and ends up killing one of them. Evades officers. Prosecution should have left question of malice to the jury. v) People v. ii) Felony murder is appropriate only if felony is independent of murder. Court held it was appropriate to instruct jury on 2nd degree murder and thus conviction was upheld. Robertson Drunks stealing a man s hubcaps. This court views felony murder as a judge-made doctrine without statutory basis. w) Merger Doctrine i) Felony murder does not apply if the elements of felony merge into the homicide. Kills another driver (who is on heroin). Court did not feel that the usage of the merger doctrine applied in this case.

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