Criminal Law Chapter 7
-corpus delicti= body of crime; gov’t must prove crime charged was committed and the
defendant was party to the crime
-affirmative defense= defense admits to committing crime, but “here’s why” →
state can place burden of proof to est affirmative defense on defendant (burden to
prove guilt never changes)
-immunity= exemption from criminal prosecutions based on US Constitution, statutes, or int’l
agreements
diplomatic Foreign diplomats stationed in US immune from arrest and prosecution
→ cases will be dismissed, in serious crime US can ask for waiver
legislative US senators and representatives immune from arrest while in session in all
cases except treason, felony, and breach of peace
witness -transactional immunity= total immunity; witness cannot be prosecuted for any
offense related to the subject matter of testimony
-use immunity= witness not totally immune; their testimony cannot be used as
evidence
Only prosecutor can offer immunity
-mistake or ignorance of the fact= honest mistake can be a defense if it negates the existence of
a state of mind essential to the crime Morissette v United States: defendant believed spent
bomb casings had been abandoned by the gov’t, jury should determine if defendant
had “evil-meaning mind” → does NOT apply for strict liability crimes because all it
requires is mens rea
-mistake or ignorance of criminal law= ignorance is not a defence unless the law is not well
known (ex. Vague tax law) Cheek v United States: defendant did not “willfully” fail to file income
tax
-intoxication or drugged condition= can work as a defense if intoxicated if it was involuntary and
incapable of purposeful or knowing conduct, but defendant can still be convicted of a lesser
offense requiring only general intent United States v Sewell: robbed a store while high on crack,
still charged with robbery bc its general intent crime (eliminated in Montana)
-duress, coercion, or compulsion= can be a valid defense to save the life of another (not a valid
defense to save the life of oneself); duress defense in escaping prison works if every other
option has been tried (death threat, no time for complaint or courts, no violence towards
personnel: People v Lovercamp; if used, defendant must surrender after escaping: United
States v Bailey
-corpus delicti= body of crime; gov’t must prove crime charged was committed and the
defendant was party to the crime
-affirmative defense= defense admits to committing crime, but “here’s why” →
state can place burden of proof to est affirmative defense on defendant (burden to
prove guilt never changes)
-immunity= exemption from criminal prosecutions based on US Constitution, statutes, or int’l
agreements
diplomatic Foreign diplomats stationed in US immune from arrest and prosecution
→ cases will be dismissed, in serious crime US can ask for waiver
legislative US senators and representatives immune from arrest while in session in all
cases except treason, felony, and breach of peace
witness -transactional immunity= total immunity; witness cannot be prosecuted for any
offense related to the subject matter of testimony
-use immunity= witness not totally immune; their testimony cannot be used as
evidence
Only prosecutor can offer immunity
-mistake or ignorance of the fact= honest mistake can be a defense if it negates the existence of
a state of mind essential to the crime Morissette v United States: defendant believed spent
bomb casings had been abandoned by the gov’t, jury should determine if defendant
had “evil-meaning mind” → does NOT apply for strict liability crimes because all it
requires is mens rea
-mistake or ignorance of criminal law= ignorance is not a defence unless the law is not well
known (ex. Vague tax law) Cheek v United States: defendant did not “willfully” fail to file income
tax
-intoxication or drugged condition= can work as a defense if intoxicated if it was involuntary and
incapable of purposeful or knowing conduct, but defendant can still be convicted of a lesser
offense requiring only general intent United States v Sewell: robbed a store while high on crack,
still charged with robbery bc its general intent crime (eliminated in Montana)
-duress, coercion, or compulsion= can be a valid defense to save the life of another (not a valid
defense to save the life of oneself); duress defense in escaping prison works if every other
option has been tried (death threat, no time for complaint or courts, no violence towards
personnel: People v Lovercamp; if used, defendant must surrender after escaping: United
States v Bailey
