Criminal Law - Huigens

Criminal Law - Huigens - Criminal Law...

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View Full Document Right Arrow Icon 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
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View Full Document Right Arrow Icon 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.
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