CrimLaw Short Outline


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I. FUNDAMENTALS OF JUST PUNISHMENT Components of Just Punishment Act – omission + duty Voluntariness – choice, capacity to choose – sleepwalking Fault – mens rea, culpability – (P, K, R, N) Wrongdoing – violation of criminal statute Causation (but for, proximate) Non Excuse Concurrence – of above components, in one plausible time period MPC Jurisdiction State has burden of proving culpability level (P,K,R,N) of each element of offense in order to establish liability §2.02(1) Fill the mens rea for each element based on 2.02(3) but just once in the exam mention 2.02(4) Required level of Proof is “beyond a reasonable doubt” §1.12(1) ELEMENTS OF THE CRIME Prosecution Defense §2.02(3) says if no Culpability is given for an element then ≥ R This is the default rule under MPC (not (4) because if we make everything P it will be impossible to ever convict anyone of a crime 2.02(3) should be the dominant rule b/c it follows consistently from 2.02(1) Exam we are to be a 2.02(3) jurisdiction §2.02(4) says you need to prove for all elements the mens rea that is mentioned If P is given for one element, you must prove P for all elements ~Acted Voluntary per §2.01(1) A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act or the omission to perform an act of which he is physically capable. Can time frame back to find the voluntary action. Was in concurrent time frame Act was Not Voluntary per §2.01(2) Infancy, Insanity, Involuntary (reflexive, unconscious, involuntary intoxication, asleep, convulsive) One way to argue involuntary , if it is not listed in (2), is to say I lacked a capacity to choose ~You omitted to Act and you were required to by a law 3)(b) if you created the distress §2.01(3)(a) you had a Legal Duty to perform Relationship – parents, marriage Statute – imposes duty to care for another Contract – Lifeguards, nursing homes Voluntary Assumption of Care – isolates helpless guy and prevents others from helping him , taking sick guy into your home There may have been an omission but there was no legal duty to act . Even if there was a moral duty, I am not guilty of a crime. You need to prove culpability for every element of the crime per §2.02(1). If any element is missing, you can’t convict me. PURPOSE, KNOWLEDGE, RECKLESSNESS, NEGLIGENE defined in §2.02(2) Prosecution Defense ~ Purpose - it is his conscious objective or desire for conduct and result, he is aware, believes or hopes for circumstances It is his objective to engage in this behavior and cause this reasult Conditional Purpose -§ 2.02(6) requirement of purpose satisfied by conditional purpose - No Purpose to cause death, until condition is met there is no intent to kill (car jacking case) ~Knowledge - awareness for conduct and circumstances and awareness of practical certainty for results - No Knowledge - He did not know he was carrying drugs (1/3 chance which is not high probability) 1
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-Knowledge high probability is knowledge §2.02(7
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This note was uploaded on 04/07/2009 for the course LAW criminal l taught by Professor Huigens during the Spring '08 term at Yeshiva.

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