Jess's Outline - Criminal Law Outline Goode 1L I...

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Criminal Law Outline Goode 1L I. Introduction A. Crimes are statutory in nature. There must be a statute defining what is/isn’t criminal. B. Crimes require an actus reus and mens rea – physical act (or omission) and mental state. Crimes may also include attendant circumstances or results. (may be part of actus reus ) C. Analysis of Criminal Liability 1. Act: what physical activities must be shown 2. States of Mind: what the actor must be aware of 3. Results: sometimes a result must have occurred. Causal relationship between the act and state of mind, and the result. 4. Attendant Circumstances: what circumstances existed at the time of the offense. 5. Defenses: issues that may prevent liability or negate an element of the crime. [(Act + State of Mind) Causation Results ]+ Attendant Circumstances = Criminal Liability D. Why do we have Criminal Law? 1. Deterrence (fear of punishment preventing crime) 1.a. General: people will refrain from committing crimes because of the law 1.b. Specific: when someone is in prison he can’t commit more crimes 2. Retribution : to punish people for committing crimes. Revenge 3. Expression/codification and reinforcement of social norms; right and wrong 4. Rehabilitation : help criminals re-enter society as law-abiding people 5. Incapacitation : protect society by preventing criminals from repeating behavior *At the heart of Criminal Law is the idea of MORAL BLAMEWORTHINESS These ideas are counterintuitive to criminal negligence. E. Laws are necessarily stringent because they cannot be vague enough to cover every possible scenario – they would be too uncertain. Written for consistent application. F. Lesser included offenses If all of the elements of a crime are included in another crime with additional elements, the former is a lesser included offense in the latter. If the elements overlap but one is missing from the lesser crime, it is not included. One cannot be convicted of both the greater and lesser included crimes – only one. If the prosecution charges the greater offense it implicitly charges the lesser included offense (to convict the accused if state cannot prove the greater offense). G. Ways to interpret statutes/Made Case Decisions i.i.1. Analogize to another statute in the same code
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Criminal Law Outline Goode 1L i.i.2. Based on structure/construction or language of the statute i.i.3. Parade the horribles - implications of that interpretation i.i.4. Aim or purpose of the statute i.i.4.a. evolution from common law (and purpose at common law) i.i.4.b. legislative intent i.i.5. Principles of American law/jurisprudence and American traditions i.i.6. Precedent/Prior interpretation i.i.7. Public Opinion II. The Act ( Actus Reus) 1. Voluntary Act Requirement MPC (p. 158) TPC § 6.01 a. State v. Mercer (army unconscious slutty-wife-killer) Facts: Mercer was charged with first-degree murder; convicted of second-degree murder.
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  • Spring '12
  • WHITE
  • Law, Common Law, criminal law, Goode, Criminal Law Outline

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