Criminal Law - Huigens

Criminal Law - Huigens - www.swapnotes.com Criminal Law...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
www.swapnotes.com Criminal Law Professor Huigens Summer 2006 Page 1 of 79 INTRO: Criminal Law, is largely statutory The Model Penal Code written so that legislatures would consider it or consider adopting it when revising the criminal law. Like a Restatement for criminal Law. Relying on scholarly consensus FUNDAMENTALS OF JUST PUNISHMENT 1. ELEMENTS, BURDENS, AND PRESUMPTIONS (P. 35-55) (A) ELEMENTS Voluntariness Act (including omission + duty) Wrongdoing (not limited to harm-doing) – material elements Fault (an aspect of Wrongdoing) – mens rea o Non-Justification (an aspect of Wrongdoing) o Non-excuse (fair candidacy) Causation Concurrence (time framing) - You have to prove all of the elements of Offense to get conviction - HYPO: Girl stole Metro Card. Is she stealing? Theft : Taking of personal property with purpose to deprive and ∆: It is nobody’s property. П: She is stealing a ride on the subway. ∆: It is not tangible property. Problem: Personal property is a vague term. It can allow for either side to make an argument to prove their case. (B) BURDENS 1. JURY INSTRUCTIONS - state the law in an authoritative way for the jury to use - controversial because the jury only gets instructions after there has been some litigation. The parties submit their view of the law and the judges decide on the authoritative instructions
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
www.swapnotes.com Criminal Law Professor Huigens Summer 2006 Page 2 of 79 2. BURDEN OF PROOF “Beyond a reasonable doubt”: jury instruction, the only way that a jury can find the defendant guilty; also known as “to a moral certainty”; a tougher standard than “preponderance of evidence” in civil cases - As a matter of due process, prosecution has to prove each and every element of the crime beyond a reasonable doubt. - a constitutional requirement, decided in a case called Winship - Prosecution has to prove beyond a reasonable doubt - Defendant has to prove reasonable doubt – just a reason that the trier of fact can conclude there is doubt Burden of production – burden/duty to come forward with evidence (need evidence to warrant jury instruction) Burden of persuasion – persuading the jury beyond a reasonable doubt; persuading the jury that by a preponderance of evidence that the proposition of the jury has been shown. Mullaney v. Wilbur (Maine) Patterson v. New York Common law Statutory Homicide Defenses: 2 nd degree murder: Defenses: With Malice aforethought (express or implied) Heat of passion – mitigating circumstance that could allow the jury to change the murder to manslaughter Intent Extreme Emotional Disturbance (EED) – lower the charge to manslaughter Unlawfully kill Cause Death A human being Human Being Who has the burden of proof? Whether the burden of proof is on the ∆ or the П is a constitutional issue.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern