Summary

Introduction to Criminal Law

1 The Criminal Justice System: 1-20 2 The Model Penal Code: 1031-1034 (please also skim 1035-1089)

I Just Punishment Its Purposes and Limits

A. B. C. D. Introduction: 21-31 Utilitarianism v. Retributivism: 31-33 Utilitarian Rationales: 34-58 Retributive Rationales: 58-71 - D. 1 Retribution as a limit on punishment - Hendricks 63 1 E. Educative Theories: 71-75 F. Principles of Proportionality: 75-83 - F. Proportionality - Ewing 75 2

II The Elements of a Criminal Offense: MPC 1.13

II. 2. The Criminal Act - A. The need for an actus reus - Proctor 107 4 (keep alcoholic) - B. Omissions MPC 2.01 (3) 113 - Jones 111 no (failed to feed the baby) Contract for care 114 Family status 114 Prevent husband from child abuse - C. Possession MPC 2.01 (4) 115 - Maldonado 115 5 (possession of cocaine in apartment with intent to distribute) Element of possession 119 Proximity and control 119 Location of possession 120 Duration of possession 120 Distribution and possession 121 Possessing in furtherance 121 Distribution of images 122 E. The requirement of voluntariness MPC 2.01 - Newton 131 6 (carrying firearm, plane unscheduled stop)

- Martin 132 7 (being drunk, arrested at home, took to public) - Grant 134 8 (epileptic, attempted to assault the officer) Involuntary acts 137 Shock 139 Anticipating involuntariness 139 F. The prohibition of status crimes - Robinson 140 9 (convicted of being a narcotics addict) - Johnson 145 11 (deliver narcotic through umbilical cord) - Powell 143 (being found in a state of intoxication in a public place) - Pottinger 144 (homeless, public places) G. Legality - Hudson 149 12 (no federal common law crimes) - Egan 151 13 (state can have common crimes) - Rogers 155 14 (abolish year and day rule, ex post, warning) - Keeler 160 15 (kicked wifes stomach, fetus human being? NO statute ) H. Specificity - Morales 163 16 (prohibit gang members loitering, vague) - Papachriston 168 (vagrancy law, published many classes of persons) Scope of the specific principle 170 Specificity and intent 171 - Jane L. 171 (child not experimentation, but genetic defects) Overbreadth 172

II. 3 The Elements of a Criminal Offense: The Guilty Mind

A. The requirement of a guilty mind - Dillard 178 17 (loaded firearm, public welfare cases, no intent required) - Balint 181 (selling narcotic without permission from IRS, unknown) - Morissette 184 (steel air force bomb casings, believed abandoned, implied intent) - Dotterweich 191 10 (shipping misbranded drugs, unknown, responsible relation) B. Categories of culpability - Faulkner 198 18 (steel rum, accidently started a fire, collateral crime) - MPC 1.12 General Definition 206 - MPC 2.02 General Requirement of Culpability 206 - Willful Blindness 210 - The persistence of general and specific intent C. mistake and mens rea default rules - Ryan 219 19 (mens rea element for the weight of the drugs) The recklessness default rule MPC 2.02 (3) - Guest 225 (rape statute, did not specify the level of culpability --- victims age)
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D. Mistake of law MPC 2.04 (3) 230 D.2 Mistake of Law and Mens Rea - Bray 231 20 (not certain previous conviction is felony --- facts!) - Baker 235 21 (did not know congress enacted a new law --- law!) - Hopkins 236 (advice of counsels, solicitation of marriages) D. 3 Mistake of law as an excuse - Twitchell 242 22 (spirit treatment, relied on govs misleading rulling) E. Capacity for mens rea - Hendershott 247 23 (evidence of mental disease negate mens rea) - Voluntary intoxication 251 - Cameron 252 24 (voluntary intoxication --- specific intent, p-k) - MPC 2.08 Intoxication 255 II. 4 Causation MPC 2.03 277 A. B. C. D. E. But- for causation Martin Dyos 262 25 (injured by birck, another injury, dont know which cause) Violent acts Hubbard 272 (arrested, continue to resist effort by victim, heart attack) Proximate cause: foreseeability and related limitations Rhoades 275 27 (set fire, fire fighter died from coronary thrombosis) Intervening causes Root 281 (automobile race, other party swerve to wrong side, slammed truck, dead) Hurt and killed Himself - Hamilton 287 (severely beaten, pull out his own tube, instinctive response) - Lewis 289 (mortal gunshot wound, v cut his throat) - Stephenson 289 (rape, seriously wounded, ate poison killed herself) Causation by omission: duties Beardsley 302 30 (failed to get medical treatment, companion, no legal duty)

III Homicide Offenses

III. 5 Intentional Homicide: A. Intentional murder (2nd degree) - Franklin 325 31 (prison break, door hit the gun, shot individual, intent required) B. Premeditated murder (1st degree) - Watson 330 32 (length of time, premeditation, few words exchanged, shot) C. Voluntary manslaughter - C. 1 The theory of mitigation - Common Law: 1) Sudden heat of passion; 2) Caused by provocation sufficient to exercise an irresistible passion in a

reasonable person MPC: 1) killing with knowledge or purpose 2) under extreme mental or emotional disturbance (EED) 3) there is reasonable explanation or excuse for the disturbance as measured from one in the actors situation Walker 340 33 (killed during altercation, heat of passion, provoking injury) Informational words exception C. 2 cooling time Ex Parte Fraley 346 34 (killed man, believed killed his son 9-10 month before) C. 3 the common law and its categories and rules C. 3. a. adultery and other adequate provocations Rowland 350 35 (witness adultery, killed the spouse) C. 3. B. provocation under reform rules Berry 358 36 (killed wife, repeatedly frustrated sexually, culmination) C. 4 culture norms and the reasonable person Wu 369 (killed child, believed would be mistreated, culture -- premeditation) Law and culture norms III. 6 Unintentional Killings: A. involuntary manslaughter
Measuring Risk:

-- (odds of harm * size of harm) --- (odds of good * size of good) A. 1. negligent and reckless homicide Welansky 381 38 (night club, fire erupted, emergency exist blocked) A. 2. Involuntary manslaughter in contemporary settings Williams 390 (failed to obtain medical aid for child, fear wealth department take away) ordinary negligence sometimes OK The reasonable person in social context B. reckless murder Mayes 400 (threw glass, struck an ignited oil, abandoned and malignant heart) Extreme indifference and gross recklessness 403 MPC 210.2 Suarez 409 (repeated stabbings of a single victim, depraved indifference murder) C. Felony-Murder: Homicide in the course of another crime Effect: Increase the liability for killing Victim: co-felon sometimes do not count Killer: co-felon must be killer in some states (some not: Martin, Hickman) Nexus maybe required if co-felon kills Mens rea (sometimes required):
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1. Listed by the legislature or 2. Felony sufficiently dangerous (must include independent felonious purpose!!!) Causation: often require foreseeability - Some states: mark out felony by immediate flight - Gladman C. 1. Felony murder: an introduction Martin 413 (evicted from a party, accidentally set fire, arson, felony murder) - probable consequence ( not be too remote 417) - one other than the felon, OK - Payne C. 2. Causal limitations Hickman 427 (burglary by Ds, police officer shot another, natural and probable) Gladman 432 (robbery, immediate flight 15mins, shot officer) Immediate flight 435 (several min, seven month) Gavitt 436 (Ds steel jewelry, tie victim, died, non-killers lia - logical nexus) C. 3. Dangerous felony limitations -Danger in abstract --- Patterson 440 (furnishing cocaine alone) -Danger in commission --- Chambers 441 (stole truck -- drove wildly) C. 4. The independent felonious purpose limitation Shock 442 (beat child many times, explain other felony)

IV Defenses/Exculpation
IV 8 Defensive Force, Necessity and Duress A. defense force MPC 3.04 519 A. 1. Elements and rationales La Voie 515 (apparent imminent peril from group of strangers, killed one) Gleghorn 520 (D set fire, v shot arrow, D deadly force even v incapable) A. 2. The reasonable self-defender: the case of the battered spouse Leidholm 523 (frequent abuse, stabbed husband while slept) Sleeping batterer 533 Reckless or Negligent Use of Justifiable Force 3.09 537 B. Necessity 1) threat from natural force 2) imminent injury to person or property 3) no reasonable alternatives 4) prevent an equal or more serious harm 5) not created own dilemma B. 1. The moral issue Dudley 563 (ship wreck, starvation, ate the boy)

C. Duress (Most states: cans use to defend homicide) MPC 2.09 591 exclude mental illness Crawford 584 (threat him and his sons safety, escape period) Can defense felony murder when homicide committed by the person who threat - Hunter 596 (hitchhiking, threaten, kidnap, the boss killed people, compulsion test) Olsen 601 (psychological pressure, Chinese POW) IV 9 Mental Illness as a defense B. the MNaghten rule and cognition MNagthen: A person who is so diseased or defective in mind at the time of commission of the act as to be incapable of distinguishing right from wrong. Serravo 607 (stabbed wife, instructed by God) C. Cognation and volition: the road from MNaghten and back Smith 627 52 (rejected insanity plea, contrary to preponderance of evidence) MPC 4.01 1) unable to appreciate wrongfulness or 2) incapable of conforming conduct to societal norms