Criminal Law Outline - Kasyn

Criminal Law Outline - Kasyn - Criminal Law Outline...

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Criminal Law Outline Background info I. 5 types of crime, grouped according to protected interest A. Offenses against the security of the person B. Security of the habitation C. Security of property interests D. Public health, safety, and morals E. Public administration of justice II. Definitions A. A matter is in “issue” if the jury must be told about it in jury instructions. Factors: A.i. Substantive Criminal law- what makes conduct criminal A.ii. Pleadings of parties A.iii. Evidence the parties introduce B. 3 “Burdens” on Prosecution: B.i. Burden of persuasion- Duty to convince the trier of fact of matter at issue B.ii. Burden of Proceeding- Duty to produce evidence B.iii. Burden of pleadings- duty to address a matter in the pleadings C. Pleading- formal charge against the defendant. In general, IF P must prove a fact to get a conviction, then that fact must be “pleaded” in the indictment. D. Failure to charge an offense- if an indictment does not allege sufficient facts, case can be dismissed on this ground. E. Directed verdict of acquittal- judge decides before verdict that P has not presented sufficient evidence to convict (double jeopardy IS attached) F. Lesser included offense- established by some of the same, but less evidence than required to prove main offense. Crime must include all of elements of lesser included offense. G. Model Penal Code- Codification of law by a private organization to try to improve it. NOT BINDING, but extremely influential. H. Animus Furandi- Intent to steal III. Procedure A. To find a person guilty of a crime, there must exist a statute barring that specific activity. A.i. Evolved out of codification of common law, but unlike torts common law not binding B. Evidence is admissible IFF relevant to an issue in the case C. Arguments are limited to facts in evidence D. Jury instructions are patterned, not individual, and use “safe language” E. All D’s guaranteed one appeal (there are exceptions wrt max penalties). Appellate courts are more concerned with process than guilt. F. Defense- P has burden of persuasion if the defendant raises a matter with sufficient evidence G. Affirmative defense- Defense has burden of proof and persuasion (TPC, not MPC) IV. Distinctive characteristics of criminal law A. Represents judgment of societal condemnation that accompanies punishment and justifies it. B. Crime= conduct which, if shown to have occurred, is subject to pronouncement of moral condemnation of community. Usually accompanied by the threat/imposition of physical punishment.
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C. 2 requirements usually sufficient to impose criminal liability C.i. Some identifiable conduct in definition of the crime C.ii. Requirement that the act be “voluntary” or omission of an act for which that person is physically capable.
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