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Side ASide B
Extract elements set forth in statute and compare facts to those elements
Discern purpose, intent or function of statute and apply it consistently
Utilitarianism (theory of punishment)
Uses punishment as a means to protect the community - greatest happiness to greatest number
Deterrence (utilitarianism)Also - general deterrence v. specific deterrence
Justificatin of practice or policy depends on its consequences (moral ramifications unimportant)- General deterrence: deterring public from committing same crime again- Specific deterrence:...
Removing person from society to prevent them from comitting another crime
Give criminal the tools that will allow him to make better decisions in the future
Retribution (theory of punishment)
"just deserts"- if someone did something wrong, must pay for it- focus on amount of harm person caused- criminal has harmed society, society harms criminal back- gets at moral equilibrium...
Denunciation (theories of punishment)
- What offender did was wrong, caused pain, society doesn't like it - Way to channel victim's pain through social values - offender needs to be punished - Method of reaffirming...
Homicide - Pennsylvania Pattern
- First degree murder (purposefully): malice aforethought, deliberate, premeditated killing- Second degree murder (knowingly): malice aforethought only... depraved heart- Voluntary...
Model Penal Code Homicide
- Murder * When committed purposely or knowingly * Recklessly under circumstances manifesting extreme indifference...
Texas Homicide Pattern (following MPC)
Murder (only one degree, 3 ways to commit) * intentional or knowing killings * killing with intent to cause serious bodily injury ...
Malice Aforethought (i.e. Penn. Code)
- May be express or implied * express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature * implied...
Manslaughter: voluntary, involuntary and vehicular (i.e. Penn. Code)
Voluntary * upon a sudden quarrel or heat of passion (passion must be an adequate one) * knew about risk and consciously disregarded ...
Depraved Heart Murder
Malice may be implied where D acts with depraved heart (depends on indifference to life)
- 1st degree murder that occurs when there is accidental or intentional killing during course of committing a felony- Felony of specific type + causation of death = felony murder- Intent...
Deciding whether felony qualifes as predicate offense for felony murder
2 Tests- Felony must be "inherently dangerous" * Elements of felony viewed in abstract, not weighed against particular fats of case- "Totality of circumstances" or...
Justifications for felony murder
DeterrenceProvides additional retributioneasier for prosecution to prove malice in difficult cases
Merger doctrine (felony murder)
- Excludes felonies that are presupposed by a murder charge- Must be separate purpose for punishing the underlying felony to get felony-murder punishment
Mental state - no criminal liability for guilty mind alone (CL rule) * proven by D's words and/or infer intent from circumstantial evidence * every...
4 Levels of (Mens Rea) Culpability
Purposefully - D's goal or purpose is to engage in particular conduct to achieve a particular result * Intent is defined subjectivelyKnowingly - D is virtually...
Physical act- MPC says act must be voluntary - Must have actus reus for every element of crime
Possession as actus reus (MPC)
Possession is an act if possessor knowingly received the thing possessed or was aware that his control thereof for a sufficeint period, and thus should have been able to terminate possession
MPC Culpability (substituted for mens rea)
Intentionally - intent to cause particular result or engage in specific conductKnowingly - aware of fact, correctly believe fact existsNegligence - unjustifiable deviation from standard...
Why require proof beyond a reasonable doubt?
- Comport with due process- Worse to convict innocent man than to let guilty man go free- Reduce risk of convictions resting on factual error- Maintain confidence in courts (convictions...
Burden of proof standard for proving defenses?
Preponderance of the evidence
Any evidence that directly links the defendant to the crime committed (DNA, fingerprints, etc)
indirectly helps to establish guilt or innocence of defendant through logic (requires inference from jurors)
2 ways to commit assault
1. D can attempt to batter the ictim2. D can put victim in fear of imminent battery
-substantial step towards completino of the crime- when D crosses line between mere perpetration and sufficient preparation to warrant punishment (need more than mens rea)
MPC Assault (simple)
Person is guilty of assault if he:(a) attempts to cause purposely, knowingly or recklessly causes bodily injury to another; or(b) negligently causes bodily injury to another with a...
MPC Assault (aggravated)
Person is guilty of aggravated assault if he:(a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting...
MPC Recklessly Endangering Another Person
if person engages in conduct which places or may place another person in danger of death or serious bodily injury. Presumed when a person knowingly points a firearm at or in the direction...
MPC Terroristic threats
If he threatens to commit any crime of violence with purpose to terrorize another ot cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise...
Guilty if:(1) D(2) Entered building or occupied structure(3) With purpose to commit a crime therein(4) Building wasn't open to public or actor wasn't licensed to enter(5) Building wasn't...
knowing or intentional course of conduct involving repeated harassment of another person that would cause a reasonable person to feel terrorized, frightened, etc, and that actually...
Guilty of rape if acting purposely, knwoingly, or recklessly regarding each material elements of the offense, he has sexual intercourse with a female under any of following circumstances:(1)...
Modern rape law
- Most use gender neutral language- Most have criminalized spousal rape- Most have abolished corroboration requirement- Most don't allow defense based on victim's promiscuity- "Force...
Failure of Proof (defense)
- not a real "defense" - refers to prosecutor's failure to prove each element of a crime beyond a reasonable doubt- rebuttal fits into this category
- When behaviors are criminalized, can't anticipate all circumstances, and that crime may have been committed in justifiable manner (under the circumstances)- D must show elements of...
- "I committed the eleemtns of the offense, but I wasn't responsible for my actions" - something has lowered the culpability or eliminated it all together- D must show elements of defense...
MPC Approach to affirmative defenses
Prosecution is either required to disprove the defense or defendant must prove it to satisfaction of jury
- Introduces contradictory theory or rebuttal (places D away from crime scene, attempts to raise reasonable doubt)- Some jurisdictions require pretrial notice of an alibi
Person is justified in use of force against another when and to the extent he reasoanbly believes such conduct is necessary to defend himself against such other's imminent use of unlawful...
Self-defense (common law)
1. Honest and reasonable fear of death or great bodily harm2. from an imminent and unlawful threat3. proportional response to the threat4. D not initial aggressor(some states impose...
Use of force upon another preson is justifiable when actor believes such foce is immediately necessary for purpose of protecting himself against use of unalwful foce by such other person
Battered Spouse Syndrome
- not a free standing defense, can be used to boost the defense of something- Meant to help jury look at elements of self-defense and determine what was reasonable (subjective)- Justification
Duress/Coercion (common law)
- Threat of death or serious bodily harm- Imminently posed- Against D or close friend or relative- That creates such fear that an ordinary person would yield- Can't be raised as defense...
- Coereced by use of, or threat to use, unlawful force against his person or person of another- person of reasonable firmness in this situation would have been unable to resist
- Full defense to a crime- Requirements: D must demonstrate she was induced by a government official or informant to commit a crimeObjective test (MPC) law abiding person would've been...
Insanity (M'Naughten test)
"Must be clearly proved at the time of commiting the act, the party accused was laboring under such defect of reason, from disease of mid, as not to know the nature and qualify of the...
A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that constitutes a substantial step towards commission...
Guilty of attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he takes a substantial step strongly corroborative of the...
Lawful act with a guilty conscience (full defense to attempt under common law)
D misperceives the facts, but if facts were as D believed them to be, D could accompslih the object crime- Shooting a dead person
MPC on impossibility
- No defense of impossibility- Guilty of attempt of he purposely engages in conduct which would constitute crime if attendant circumstances were as he believed them to be
MPC "escape hatch"
So inherently unlikely that D would've caused harm that it makes no sense to convict him of the crime
1. Complete renunciation2. Abandoned efforts before crime is complete3. Efforts voluntarily abandoned
Guilty of solicitation if with the purpose of promoting or facilitating its commission he commands, encourages or requets another person to engage in specific conduct that would constitute...