CrimLaw_Boldt_2 - Criminal Law Outline I Intro a Structure...

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Criminal Law Outline I. Intro a. Structure of Criminal System (1-22) i. Legislature defines something as a crime (or already exists by common law rules) and defines the elements of the crime (either court or legislature) ii. Commission of crime by D iii. Crime comes to police’s attention (50% of ii) iv. D is arrested (19% of iii) v. D is booked (starts criminal record, even if innocent) vi. Appearance before magistate- notice of rights and bail vii. If felony, preliminary hearing… is there probable cause to believe that D committed crime? (decided by judge) viii. Formal charging document- indictment by grand jury ix. Arraignment- D enters plea x. B/t iii and ix, 50% are dismissed b/c no probable cause xi. Trial (10% of remaining cases) or plea negotiation xii. Why do so few cases make it to trial? 1. system official’s discretion 2. efficient to plead some cases out 3. minimize burden on corrections system (decrease or eliminate need for punishment) xiii. note- when you have a technical defense and/or unsympathetic D, you want to waive right to jury trial b. Process of Proof (35-38) i. for facts to be introduced at trial, they must be probative (makes a fact more likely or less likely to be true), material (important legally to the D or P of case), and legal (not privileged material) ii. burden of proof 1. in re Winship (Sup. Ct. decision) a. facts necessary to est. every element of crime have to be proved by state beyond a reasonable doubt 2. Justice Harlan a. If you weight social costs and benefits of false positives (innocent convicted) and false negatives (guilty person acquitted), there are greater costs to false positives b. Therefore, you should have a very high burden of proof 3. has an element been proved beyond a reasonable doubt? Legal question 4. is an element a fact that proves the charge? Fact question c. Theories of law i. Legal positivists- law is passed by legislature and we are required to enforce it regardless of legitimacy ii. Natural law theorists - law gets its legitimacy because it is just and ethical and comports with what we beleive II. Elements of Criminal Conduct - must have prohibited conduct with intended mental state a. if missing just one element, you have a complete defense b. Actus Reus- conduct for criminal responsibility 1
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i. Positive conduct (173-182; 929-938) 1. Culpability - conduct has to be blameworthy or show fault a. MPC 2.01(1)- D can’t be guilty w/o conduct including voluntary act or omission to perform act that he is physically capable of b. MPC 2.01(2)- act is assumed to be voluntary, unless falls w/in category of involuntariness i. Ex- Reflux, convulsion, unsconscious, asleep, hypnosis, hypnotic suggestions, bodily movement that is not product of effort or determination of acto c. Martin v. State - officers found D at home and drunk, took him to public place and arrested for public intoxication; actus reas requires voluntary appearance in public place; no basis for crime d. People v. Newton- D claims he was unconscious when he fired shot b/c of
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CrimLaw_Boldt_2 - Criminal Law Outline I Intro a Structure...

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