Criminal Law, Questions & Answers. Exam 2022/23 study guider

Criminal Law, Questions & Answers. Exam 2022/23 study guider Document Content and Description Below "Statutes"-penal code - Statutes give us certainty (can't be charged for a crime not in the statute and it must have a punishment). Because law is out there it is knowable (never a defense). La w can be proactive-look at conduct that is occurring and deal with it without having to wait for a case to happen. Standard of Proof - Standard of proof-"beyond a reasonable doubt" (highest burden known to law). Highest presumption known to law - Highest presumption known to law-"presumption of innocence". Types of Offenses: - At common law, the most serious offenses were classified as felonies, and less serious offenses were classified as misdemeanors. Under modern statutes, a criminal offense may be classified as a felony, misdemeanor, petty misdemeanor, or a violation. [MPC § 1.04] A felony is considered a serious offense and is generally punishable by a term of imprisonment in excess of one year, a sentence of death, or a fine. [MPC § 1.04(2)] A misdemeanor is less serious than a felony and is generally punishable by fine or imprisonment for less than one year. [MPC § 1.04(3)] Similar to a misdemeanor, a petty misdemeanor is generally defined by a statute and imposes punishment upon a defendant for a maximum term in prison of one year. [MPC § 1.04(4)] A violation is a minor breach of the law and is typically punishable by a fine only; a person convicted of a violation is not considered to have committed a crime. [MPC § 1.04(5)] Building blocks of statutes: - 1)Voluntary act, 2)Mental State, 3)Causation, 4)Social Harm Voluntary Act - Voluntary Act-every criminal statute someone has to do something or fail to do something. A voluntary act means a bodily movement over which the individual has control. [MPC § 1.13(2)] The following are not voluntary acts: (1) a reflex or convulsion, (2) bodily movement while unconscious or during sleep, (3) conduct during hypnosis or resulting from hypnotic suggestion, or (4) a bodily movement that otherwise is not the product of the effort of the actor. [MPC § 2.01(2)] Omission - An omission means a failure to act. [MPC § 1.13(4)] A defendant may not be held liable for an offense based on an omission unless there was: (1) a legal duty to act imposed by law; (2) aspecial relationship between the parties, such as between a parent and a child; (3) a duty to act that arises out of contract requirement; or (4) a voluntary undertaking to provide assistance to a person in peril. In addition, an individual will not be liable for failing to perform an act of which he is physically incapable. [See MPC § 2.01(3)] Mental State - Mental State-concerned about what this person is thinking. Not enough to find mental state but how bad it was. Needs to concur at the same time with voluntary act. Those without mental state are strict liability claims. Mental State 1)General v. specific intent crimes - General v. Specific Intent Crimes A general intent crime is one in which the defendant desired to commit the act that served as the actus reus. A defendant who intends to do the act may be convicted of a general intent crime even if he did not intend to cause the result. A specific intent crime is one in which the defendant not only intended to commit the act that served as the actus reus, but something further, such as bringing about a particular result. Specific intent crimes include: assault, burglary, embezzlement, false pretenses, first-degree premeditated murder, forgery, inchoate crimes (attempt, conspiracy, and solicitation), larceny, and robbery. Strict liability - A strict liability offense requires no proof of mens rea. Instead, it must be shown that the defendant merely committed the prohibited act, regardless of his mental state. Mental State 2)Model Penal Code Approach (MPC) - Under the MPC, which has been adopted by many states, a person is not guilty of an offense unless he acted (1) purposefully, (2) knowingly, (3) recklessly, or (4) negligently with respect to each element of the crime. If a statute does not specify a required mental state, the default mental state that must be met for commission of the crime is recklessness. In addition, if a defendant acted with a higher degree of mental culpability than required by the statute, the mental state element will be satisfied. [MPC § 2.02(1)-(5)] MPC 1)Purposefully - A person acts purposefully if it is his conscious object that his action causes a certain result. [MPC § 2.02(2)(a)] MPC2)Knowingly - A person acts knowingly if he is aware that his conduct is of a specific nature or will result in certain consequences. [MPC § 2.02(2)(b)] The test is subjective—whether the defendant actually knew or believed that his actions would result in the specific consequences. Note that a defendant who deliberately remains ignorant despite awareness of a high probability that the facts or circumstances exist will still be found to have hand knowledge. MPC 3)Recklessly - A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that harm will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding citizen would observe in the same situation. [MPC § 2.02(2)(c)] MPC 4)Negligently - A person acts negligently when he should be aware of a substantial and unjustifiable risk that the circumstances exist or the prohibited act will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the defendant's situation. [MPC § 2.02(2)(d)] Mental State 3)Transferred intent - The doctrine of transferred intent allows for imposition of criminal liability upon a defendant who intends to harm one person but actually causes harm to an unintended victim. Causation - Causation-(most important component) must cause the result (doesn't matter how bad mental state is or if your involved in voluntary act). Direct cause-and proximate cause. The prosecution must sufficiently prove that the defendant's criminal conduct was the cause-in-fact and the proximate cause of the result. Cause and fact - A defendant's conduct is the cause-in-fact, or actual cause, of the resulting harm if (1) "but for" the defendant's conduct, the harm would not have occurred or (2) the defendant's conduct was a substantial factor in bringing about the resulting harm. Proximate Cause - A defendant's conduct must also be the proximate, or legal, cause of the resulting harm, free of superseding causes or events. In other words, the harm must be a "natural and probable"consequence of the defendant's actions. A defendant's conduct may be the cause-in-fact but not the proximate cause of the harm. Thus, the prosecution must show that the connection between the defendant's conduct and the resulting harm are sufficiently closely related that it would be unfair not to hold the defendant liable for the harm. Keep in mind that a victim's preexisting condition that exacerbates the harm caused by the defendant's conduct will not break the causal chain. Intervening Acts - An unforseeable, intervening act breaks the causal connection between the defendant's conduct and the resulting harm. Note that negligent medical treatment is generally deemed to be a foreseeable consequence of harming a victim and will not cut off the defendant's criminal liability; grossly negligent or reckless medical treatment will break the causal connection. Social Harm - Social Harm-harmful result. Trying to prevent people from losing their lives unjustifiably, prevent people from taking others property without their consent. Morally blameworthy - Morally blameworthy. (Person fails to live up to the standards)-we as a society condemn you. Grand Jury - Grand Jury only hears the prosecutor's evidence. Set up to make sure the charges are accurate. - Guilty Not Guilty (can never be charged for that crime again) Hung Jury (jury simply can't decide) Prosecutor can charge again or let it go. Two types of defenses: - 1) Case in Chief: Defendant will try to challenge prosecutor's evidence (all 4 components must be presented by the prosecutor) Unconcsiousness - Unconsciousness-does not necessarily arise from a mental disease or defect. Although always containing a mental component in the form of loss of cognitive functioning, the causes are diverse: epilepsy, concussion, gunshot wounds, somnambulism, coronary episodes, and certain brain disorders. Additionally, these unconscious disorders tend to be acute, unlike most cases of insanity which are typically chronic. Because cases of unconsciousness are temporary, they do not normally call for institutionalization, which is the customary disposition following a successful insanity defense. (Broad side attack against the voluntary act component-better to view this defense as eliminating the voluntary act requirement rather than negating the mental component of crimes.) Only has to beintroduced as evidence. If a defendant was sufficiently apprised and aware of the condition and experienced recurring episodes of loss of consciousness, then operating a vehicle or other potentially destructive implement with knowledge of the potential danger, might well amount to reckless disregard for the safety of others. The defense of unconsciousness must be distinguished from "blackouts" caused by the voluntary ingestion of alcohol or nonprescription drugs. If due to alcohol or drugs the case must be handled as an intoxication defense. Sleepwalking-look for evidence of consciousness Insanity - Insanity-arises from a mental disease or defect. Must have a diagnosed mental disease/defect (affirmative defense-affirming but have an excuse) Many states do place "burden of proof on defense". Voluntary Act - Voluntary Act-every criminal statute someone has to do something or fail to do something. Homicide - Under the common law, criminal homicide may be classified as murder, voluntary manslaughter, or involuntary manslaughter. Modern statutes have further stratified the classification system, dividing murder into degrees based on the defendant's level of culpability. Under the MPC, a person commits criminal homicide if he purposefully, knowingly, recklessly, or with criminal negligence, causes the death of another human being. [See MPC § 210.1] Additionally, some states have codified in statute the crime of vehicular homicide, which is an unintentional death caused by an individual driving a car. Common Law Murder - Generally, murder is defined under the common law as the unlawful killing of a human being with malice aforethought. Malice aforethought is a predetermination, or intent, at the time of a killing to willfully take the life of another or cause that person grievous bodily harm or an intent to willfully act in wanton disregard of the consequences to human life. Malice Aforethought - Malice aforethought is a predetermination, or intent, at the time of a killing to willfully take the life of another or cause that person grievous bodily harm or an intent to willfully act in wanton disregard of the consequences to human life. Murder Mens Rea - The prosecutor's obligation to prove that the defendant acted with malice aforethought is satisfied by showing that the defendant possessed:1) an intent to kill; 2) an intent to cause serious or grievous bodily injury; 3) a reckless indifference to the value of human life; or 4) an intent to commit a specific, enumerated felony (the felony murder doctrine). Murder Actus Reus - The defendant's act or conduct must be proven to be the instrumentality that results in a victim's death. Murder Cause and Effect, Proximate Cause - The defendant's actions must be shown to be the actual and legal cause of the victim's death. It is not necessary that the victim die immediately for the defendant to be guilty of murder. Most jurisdictions require that the victim die within a year and a day of the defendant's act. Historically, most jurisdictions concluded that death occurred when the victim's heart stopped beating. However, cessation of brain activity, or brain death, is becoming more widely recognized as the point of death. Corpus Delecti - Corpus delicti is a Latin term meaning "body of crime" that refers to the requirement that the prosecution produce actual evidence that the crime has been committed before the defendant may be convicted. An actual body need not be produced in order for a defendant to be convicted of murder. Instead, death may be shown by circumstantial evidence. Intent to Kill - The requirement that the defendant act with malice aforethought will be satisfied if the defendant actually intended to kill the victim. Intent to cause serious bodily harm or grievous bodily harm. - Even if the defendant did not intend to kill the victim, the mental state of malice aforethought will be satisfied if the defendant intended to cause grievous bodily harm to the victim. Reckless indifference to the value of human life - A defendant wh