CRIMINAL LAW IN GENERAL

Theories of Punishment A. Retribution Blame worthiness. If with free choice you commit a voluntary act, you need to pay the consequences of that choice. B. Deterrence If a party is punished after a criminal act is committed, the general population will remember and this would act as a deterrent for any potential future occurrences. C. Rehabilitation Going to prison to be better when you get out. Not so much en vogue any more but still seen in certain drug offences. Categories of Crime (3) Felony punishable by more than one year in state prison and a fine Misdemeanor less than one year in county jail o If it can be prosecuted as a misdemeanor or felony, its called a wobbler Infraction e.g. traffic infraction. Common Law Felonies (in the 1800s) Treason Murder Rape Manslaughter Robbery Sodomy Larceny Arson Mayhem Burglary

*An easy way to remember the common law felonies = Treason + MR & MRS LAMB. Components of a Crime A. Actus Reus voluntary physical act which Defendant has physical control over OR its an omission, which is a failure to act where there is a legal duty to do so and the failure causes the criminal result. When is there a legal duty to act? 1. Statutes give us an obligation to act 2. From certain status relationships a. Parents to children b. Employers to employees c. Husbands and wives have duties to each other d. Captain to passengers (public vessel captains) 3. Contractual obligation 4. Voluntary assumption of care to the seclusion of others 5. Actor/individual who creates peril has duty to rescue.

Whats not a voluntary act under Model penal code 2.01? a. reflex or convulsion

b. unconsciousness c. hypnosis (in California, is not allowed as an actus reus defense) d. conduct that is not the effort or determination of actor Elements that need to be proved for Actus Reus. Prove that there is a duty Prove that the duty was breached Prove that the breach of duty caused the crime B. Mens Rea (guilty mind) culpable mental state Intent the actor wants a certain result to happen. He intends the consequences of the crime. o Specific Intent the intent to accomplish the precise act which the law prohibits (embezzlement, robbery, larceny). Defense of Voluntary Intoxication if drugs and alcohol are the sole reason why D was thinking the way he was, specific intent does not exist and no crime since no MR. Does not apply to general intent crimes. o General Intent any crime that can be committed recklessly. The intent to commit a crime, e.g. shooting into a crowd is proof of general intent to commit murder, even though D did not intend to injure any person in particular. Recklessness where the actor doesnt intend the act, the individuals recklessness caused the crime. Its the absence of intent. Strict Liability (no mens rea) Very limited cases, where even without an intent or recklessness, individuals are completely liable for the act.