Criminal Law -Rita Wang

Criminal Law -Rita Wang - By Rita Wang Criminal Law (Spring...

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Unformatted text preview: By Rita Wang Criminal Law (Spring 2006, Professor Simons) Course Ouline (P.S.: Remember the course structure, especially Part III , when writing your final exam essays) I. Introduction II. Theoretical Underpinnings A. Principles of Punishment B. Modern Criminal Statutes III. The General Part A. Actus Reus 1. Voluntary Act 2. Omissions 3. Social Harm B. Mens Rea 1. General Issues 2. Strict Liability 3. Mistake C. Causation D. Concurrence IV. Specific Offenses A. Homicide 1. Intentional Killings- Murder- Manslaughter 2. Unintentional Killings a. Depraved/Reckless b. Reckless/Negligent 3. Felony Murder B. Rape I Introduction Victor and David are roommates. Fed up with Victors hygiene habits, David decides to kill Victor. Davids plan is to put rat poison in Victors coffee. But avid oversleeps and Victor leaves before David gets a chance to poison the coffee. Unfortunately for Victor, through, he accidentally fills his coffee with the rat poison, drinks it, and dies a horrible death on the kitchen floor. Is David guilty of murder? No, because there is No Act. David wants to kill his roommate Victor, so David fills Victors coffee with rate poison. Victor takes the poisoned coffee and leaves for work. But before he is able to drink, he accidentally dropped the cup. No, because there is No harm 1 David accidentally puts rat poison instead of sugar in Victors coffee. No, because there is no intent David puts the deadly rat poison in Victors coffee. Victor takes the coffee and leaves for work. As he cross the street, he was hit by bus and killed. No, because there is no causation. General Part: Actus Reus ----------------------------------------------------------------- Act Harm Mens Rea ------------------------------------------------------------------- Intent Causation -------------------------------------------------------------------- Causation Specific part: Homicide Rape (more about Actus Reus than Mens Rea) David is a paranoid schizophrenic who suffers from serious delusions. He believes that Victor is actually a rat who has become human, that Victor is a henchman of the evil Lord Volemort, and that the only way to stop Voldemorts plan to take over the world is to kill victor. So David fills Victors coffee with rat poison; Victor drinks it and dies. Is David guilty of murder? David wants to kill his roommate Victor. So David fills Victors coffee with rat poison. Victor takes the poisoned coffee (attempted murder) Defenses: Self-Defense, Necessity, Duress, Insanity II. Theoretical Underpinnings A. Principles of Punishment 1. Theories of punishment Principle of Punishment Utilitarian Retributive Forward-looking Backward-looking Consequentialist Non-consequentialist Crime Prevention & Punishment Minimalization Purpose of punishment: 1. General deterrence 2. Specific deterrence 3. Incapacitation 4. Rehabiliation Just Deserts 1. Negative retributive: Desert allows punishment (you cant punish somebody unless he just deserts) 2. Positive Retributive: Desert requires punishment Harm: Injury Caused 2 Culpability: Choice Made...
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Criminal Law -Rita Wang - By Rita Wang Criminal Law (Spring...

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