Crimlaw.

notes
Callahan

Introductory notes from the first couple classes:

-Prof. Callahan wants the beginning of each exam to start with the sentence: The
first issue is .... He would like subsequent issues to be raised the same way. The
second issue is Etc., etc.
-Briefs should include act elements i.e., the verbs of the statute. Mental state
elements and attendant circumstances i.e. external factors that define a crime.
And then the facts. The goal is to be able to include only the relevant facts, which
could be defined as the facts on which the elements of the crime depend. Also make
sure to include the procedural history.
-Use IRAC for exams. Every case has two sides. Success on exams depends on
ability to argue both sides.

A) Elements of a crime
Culpability under American criminal law is founded upon certain premises.
Consequently, the prosecution is generally required to prove the following
elements of a criminal offense:
1) Actus Reus (guilty act): a physical act (or unlawful omission) by the
defendant;
2) Mens Rea (guilty mind): The state of mind or intent of the defendant at the
time of the act;
3) Concurrence: The physical act and the mental state (or intent) have to exist
at the same time;
4) Harmful result and causation: A harmful result caused by the defendants act.
B) The Physical Act
For there to be criminal liability, a defendant must have either performed a
voluntary act, some sort of bodily movement, or failed to act under circumstances
where a legal duty to act existed.
1) Act must be overt.
a) Cases.
(1)
Proctor v. State Defendant charged with keeping a place a twostory building with the intent of unlawfully distributing alcohol.
After demurrer was denied, court on appeal held that keeping -- or
owning -- a place was not an overt act in furtherance of the intent of
distributing alc. and that intent alone could not be criminalized.
(2)
Rule: An overt act is required.

(3)

Reasoning: The reason an overt act is required comes out of respect

for the autonomy of the individual. People can think things, but
doesnt mean they will act.
b) Misc. from class: Prof says that a legislature can make an otherwise legal
act criminal if it is in furtherance of the intent to act on something illegal.
He gave the example of burglarious tools.
2) Act must be voluntary.
a) The defendants act must be voluntary in the sense that it must be a
conscious exercise of the will, as an involuntary act wouldnt be deterred
by punishment. The following arent voluntary acts:
(1)
Reflexive or convulsive acts
(2)
Acts that occurred while the defendant was asleep or unconscious,
except if the defendant knew that she might fall asleep or become
unconscious and perform the act.
(3)
An act resulting from another one that is not the product of actors
determination.
b) Cases
(1)
People v. Grant
(a) Defendant was charged with and convicted of aggravated battery
and obstructing a police officer. He suffered from a seizure disorder
and claimed that he was unconscious during the time of the
incident (flying through air form parking meter). He appealed,
arguing improper instructions to jury, since jury only heard insanity
defense. Judge remanded with instructions to try case again and
instruct jury on automatism.
(i) If the conscious mind loses control over the body during an
action, then it is not voluntary. However, if someone knows that
by engaging in an activity he or she will engage in violent or
otherwise criminal behavior while unconscious, and he or she
still consciously chooses to engage that activity, then the act is
voluntary.
3) Omission as an act.
a) Most crimes can only happen if someone acts. But sometimes a nonaction,
or failure to act, can constitute an act and result in criminal liability. The
following conditions must be met under those circumstances:
(1)
The defendant must have had a legal duty to act, which can arise
from a statute (requires you to file taxes, etc), a contract
(one which a nurse or doctor or lifeguard or police officer
enters), relationship (teacher-child, parent-child, spousespouse), voluntary assumption of care, creation of risk or
harm to an individual. *memorize*
(2)
The defendant usually must know of the facts creating the duty to
act. (parent must know child is drowning before liable for not saving)
(3)
It must be an act of which the defendant is capable of performing.
E.g. If you cant swim, cant be expected to save someone.
b) Cases
(1)
Jones v US

(a) Defendant was convicted of involuntary manslaughter for not taking

care of Anthony Lee Green, and the child dying as a consequence.
Court did not instruct jury that P had to prove that D had a legal
duty and reversed and remanded. Said that one can be criminally
liable for 3 reasons, supra.
4) Possession as an act
a) Generally, courts have ruled that possession is an act. Defendant need
only maintain possession of an item for long enough to have had the
opportunity to have gotten rid of illicit item. The need for actual
possession is sometimes unnecessary. In those cases, constructive
possession is sufficient.
b) Cases
(1)
USA v Maldonado
(a) Defendant a presumptive middle man - met agent at hotel to
carry out drug deal in Puerto Rico. Agent became nervous while
waiting for drug boss, asked to step outside, defendant agreed.
Drugs were left in hotel room. D was arrested in hallway. In court,
he contended that he argued that there was insufficient evidence to
prove he possessed the drugs, as he never touched them. Court
ruled that he had constructive possession and more possession
than the agent since he had key to room. Statements est. intent.
(b) Court defined constructive possession as the power and intention to
exercise control or dominion and control over an object not in ones
actual possession and said one need not have actual possession
under those circumstances.
(c) From class: possession = actual, physical dominion and control over
an item.
(2)
Barger v. State
(a) Man convicted of possessing or controlling child pornography, a
violation of state law. State supreme court had to decide, did he
control the images? They concluded that he didnt.
(b) The unexercised ability to manipulate a thing cannot constitute
constructive possession. The act requirement is not satisfied by
mere ability to act.
5) The act must cause or threaten harm
a) Lawrence v. Texas
(1)
Houston police responded to a weapons disturbance call and busted
in on Lawrence and Garner having sex. The two were arrested and
convicted of violating a Texas state law for deviate sexual
intercourse. Appeals court held law was constitutional under the
14th amendments due process clause, with Bowers controlling.
Justice Kennedy ruled that Lawrence and Garner had every right to
engage in the private conduct. He said there is no state interest that
could justify the intrusion of privacy.