Crim. Law Outline - Intro Criminal Law seeks to punish an...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Intro Criminal Law seeks to punish an offender – There is a stigma attached to a person convicted of a criminal act Theories of Punishment 1) Retributive(ism) (Retribution) a. Looks backwards to the immediate crime and to the specific criminal - We feel the NEED to punish this person for what he did in the past 2) Utilitarianism a. i. Specific Deterrence: pressure placed on the one person through punishment, which will deter him from committing future acts ii. General Deterrence: setting an example by inflicting pain and suffering to one criminal in effort to deter future criminals from committing the same iii. Retribution: intentional infliction of pain and suffering to the extent that it is deserved by the level of culpability of the crime iv. Rehabilitation: intention to provide for acquisition of skills that will convert a crim. to a law-abiding citizen v. Incapacitation: it takes criminals off of the streets so that they are a danger to society Common Law vs. Model Penal Code In Com. Law, judges play a larger role in determining the meaning of statutes which are sometimes outdated – thereby creating new law in some cases In MPC, the statutes have been updated and are the law themselves Actus Reus (must be the causation of the result) MPC §2.01 Requirement of Voluntary Act ; Omission as Basis of Liability ; Possession as an act 1) A person is not guilty of an offense unless it includes a voluntary act or the omission to perform an act of which he is capable 2) Not voluntary acts: a) reflex/convulsion; b) unconsciousness or sleep; c) hypnosis; d) a bodily movement that is not a product of the effort or determination of the actor, either conscious or habitual 3) Liability for an offense may not be based on omission unless: a) the omission is expressly defined in law; b) there is a duty to perform imposed by law 4) Possession is an act if the possessor knowingly procured or received the thing possessed or was aware of his control for a sufficient period of time to have been able to terminate his possession A crime will involve or include any one of the following three: 1) Voluntary Act – Did your brain consciously control act? 2) Possession – actually in possession; does not require a result 3) Omission (5 circumstances): doing nothing in this case can brand you a criminal* 1) Special Relationship**: Spouse to Spouse, Parent to minor child; Employer to Employee 2) Statutory Duty: when there is a Duty to Act i.e. failing to file tax return 3) Voluntary Assumption of Care of a Helpless and Secluded*** Person 4) Creation of Risk: there is a duty if ∆ created a risk - often defined as negligence or recklessness 5) Contract: when someone is contracted by another and there is a duty to care *Must be that person 1) knew of the situation and 2) had the ability to act (as in to save someone in a pool) -Intentional omission is called willful blindness or constructive knowledge
Background image of page 1

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

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 18

Crim. Law Outline - Intro Criminal Law seeks to punish an...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online