Criminal Law

Men's Rea

The required mental state for a given crime ("the guilty mind")

Actus Reus

The voluntary act or a legally sufficient omission that causes a prohibited result ("the guilty act")

MPC: Four Levels of Men's Rea

1. Intentionally (purposefully): the intent to cause the result or do the forbidden act

2. Knowingly: the awareness of what you are doing

3. Recklessly: the conscious disregard of a substantial & unjustified risk

4. Negligently: failure to perceive a risk (i.e., acting outside the duty of care owed)

What is the highest level of mens rea?

Intentionally (purposefully)

What are Main Purposes of Criminal Law?

1. Retribution

2. Deterrence (general & specific)

3. Denunciation (or moral condemnation)

4. Incapacitation

5. Rehabilitation (reformation)

General Deterrence

Discouraging others from committing the wrong (i.e., stopping society as a whole)

Special Deterrence:

Discouraging the specific defendant from doing it again (i.e., stopping one person)

Incapacitation

During the time and confinement - so defendant doesn't commit more crimes (e.g., imprisonment, death, restraining order)

Rehabilitation (reformation)

Offers defendant services to change ways and become a law-abiding member

Retribution

Punishing the morally blameworthy, the exaction of payment ("an eye for an eye")

Retributive vs Utilitarian Punishment Theories

Retributive: focused on grading crimes based on moral blameworthiness

Utilitarian: focused on creating deterrents, incapacitating dangerous individuals, rehabilitation, benefit to society

Moral Blameworthiness

Focused on the defendants personal fault and fairness of punishment (i.e., assessment of ethical responsibility for actions)

Example: killing in true self defense lacks more blame

Legal Culpability

Focused on whether the legal elements of the crime are satisfied regardless of moral desert.

Example: Even if a defendant was trying to steal for a noble reason, if they meet the elements of theft, they are legally culpable

Who bears the burden of proof in a criminal case?

Prosecution - must prove each element beyond a reasonable doubt

Presumption of Innocence

The right of a person accused of a crime to be presumed not innocent until proven guilty

Who produces the evidence for an affirmative defense?

The Defendant but prosecution often retains the burden of persuasion

What is the difference between failure of proof vs affirmative defenses

The State does not have to disprove every fact related to affirmative defenses. The failure of proof defenses (e.g., claiming an element is missing) is not an affirmative defense (e.g., self-defense)

If an act is involuntary, can the defendant still be found guilty?

Yes, if they choose to take an u reasonable risk (e.g., driving car while epileptic)

When can an omission satisfy actus reus?

1. There is a legal duty to act under the circumstances

2. They are physically able to perform the act

3. Their failure to act (omission) is accompanied by the necessary men’s rea

4. Must be the cause of the harm

What is possession?

An immediate and exclusive possession under the dominion and control of the defendant

When does possession satisfy actus reus?

When the defendant has:

1. Knowledge of the objects presence; and

2. Intent to exercise control over the object

Actual vs. Constructive Possession

Actual Possession: Direct physical control over an object

Constructive Possession: Dominion and control over an object w/o direct physical possession. If the defendant has access & intent to control it

Legal Duties to Act

Arise from statutes, contracts, status relationships, voluntary assumption of care, or creation of the risk. The defendant must knowingly act in disregard of the facts giving rise to the duty to act.

General Intent

An intent to do something on an undetermined occasion (to an undetermined victim); covers all forms of the basic mental state requirement

Specific Intent

An intent to do a particular act at a particular time and place (and to particular victim); requires a special mental element beyond the basic mental state associated w/ committing the actus reus

Malice

1. An actual intention to do the particular kind of harm that was done; or

2. Recklessness as to whether such harm would occur; or

3. Foresight that the consequences might occur but defendant acted anyways

Transferred Intent

When the defendant forms the intent to commit a crime against one person but instead harms a different person. The original intent transfers to the unintended victim (doesn't apply if crime is completed as to the intended victim)

Crimes that require no proof of men's rea

Strict liability Offenses

Regulatory Laws or Public Welfare Offenses (e.g., traffic violations or seeking alcohol to minors) are examples of:

Strict liability Offenses

Under common law, murder invokes ________________.

Malice aforethought

Unlawful killings

Homicide

First Degree Murder (common law)

- Committed purposely (intentionally) OR knowingly

- Intentional, deliberate (cool mind) and premeditated (consideration over period of time)

Second Degree Murder (common law)

- Committed recklessly under circumstances manifesting extreme indifference to human life

- Intentional but unplanned/spontaneous (heat of passion)

Third Degree Murder/Manslaughter (common law)

- Unintentional and unplanned killing

- No premeditated or reflection

Voluntary vs. Involuntary Manslaughter

Voluntary Manslaughter: includes killings committed in the heat of passion upon provocation

Involuntary Manslaughter: involves criminal negligence

Felony Murder Doctrine

Holds a defendant strictly liable for a death occurring during the commission or attempted commission of a dangerous felony.

What makes a felony qualify for felony murder?

The felony must be inherently dangerous and independent of the homicide.

Agency Theory (Felony Murder)

The death must be caused by the person committing the felony

Proximate Cause Theory (Felony Murder)

A person involved in a dangerous felony can be guilty for any foreseeable death during the felony.

Felony Murder - MPC

Holds a defendant liable when a death occurs during the commission or attempted commission of a felony. The felony must be inherently and foreseeably dangerous to human life and independent of the homicide.

What is the MPC's Merger Rule?

Felonies that are integral to causing death (like assault) merge and do not trigger felony murder.

First-Degree Felony Murder (MPC)

Killing that is committed purposely, knowingly, or with extreme recklessness showing indifference to human life.

Second-Degree Felony Murder

Criminal homicide constitutes manslaughter when:

(a) It is committed recklessly; or

(b) an intentional killing committed under extreme emotional disturbance with a reasonable explanation.

Third Degree Felony Murder (MPC)

Criminal homicide constitutes negligent homicide when is committed negligently.

Provocation and Heat of Passion

Reduces murder to voluntary manslaughter if the defendant acted in the heat of passion after being reasonably provoked. Words alone are usually insufficient

What are the two basic elements required for attempt?

1. Intent to commit a specific crime, and

2. A substantial step toward its commission

The Last Act Test (Attempt)

The defendant must have done everything that he believes necessary to commit the crime, except for the final act.

The Dangerous Proximity Test (Attempt)

The defendant's actions must have brought them dangerously close to succeeding/completing the crime

The Indispensable Element Test (Attempt)

Focuses instead upon what remains to be done in order to accomplish the criminal objective. If the defendant has completed an essential element of the crime, it may be enough to establish an attempt.

The Probable Desistance Test (Attempt)

The defendant must have reached a point where it is unlikely they would their efforts to commit the crime.

The Equivocality Test (attempt)

The defendant's actions must manifest the intent to achieve the criminal objective, meaning the act speaks for itself and must be solely for that specific purpose

The Substantial Step Test (attempt)

The defendant's acts must be strongly corroborative of his criminal purpose

Is abandonment a valid defense to attempt?

No

Abandonment

When the actor completed all necessary acts prior to the criminal act, but the crime fails due to external factors (e.g., malfunction or unforeseen circumstances).

Is factual impossibility a defense to inchoate crimes? (attempt)

Not a defense. Crime would've occurred if circumstances were as the defendant believed.

Is legal impossibility a defense to inchoate crimes? (attempt)

Valid defense. Even if the defendant believed their conduct was illegal, it was not.

Elements of Solicitation

(1) The defendant commands, encourages, or requests another to commit a crime, and (2) does so with the intent the other person follows through

When is solicitation complete?

Upon making the request—no acceptance or completed crime is needed.

Does solicitation merge into a completed offense?

Yes. A defendant cannot be convicted of both solicitation and the completed crime.

Can impossibility be a defense to solicitation?

No, impossibility is not a defense if the solicitor mistakenly believed the crime could be completed

Is abandonment a defense to solicitation?

No. The offense is complete when the request is made.

Conspiracy

An agreement between two or more people to commit a crime, sometimes requiring an over act

What is the Pinkerton Rule?

Conspirators are liable for crimes committed by co-conspirators that are foreseeable and in furtherance of the conspiracy.

Definition of Accomplice Liability

Holding someone criminally liable for assisting, encouraging, or facilitating a crime with intent to aid.

What are the defenses to conspiracy?

- Factual impossibility: Not a defense

- Legal impossibility: Is a defense

- Renunciation: Must admit involvement and actively thwart the conspiracy

Where can the prosecution bring a conspiracy charge?

The prosecution can bring the case in any place where an agreement to commit the crime happened or where any overt act occurred

When can multiple agreements be charged as one conspiracy?

When the agreements are related and there is a shared criminal objective, they may be charged as a single conspiracy.

When does the statute of limitations begin in a conspiracy case?

It begins with the last overt act in furtherance of the conspiracy; mere agreement or concealment does not count.

Is co-defendant testimony alone enough to prove conspiracy?

No. A co-defendant's testimony must be corroborated with additional evidence.

Accomplice Liability

Liability for assisting, encouraging, or facilitating a crime with intent to aid

Can a person who joins a conspiracy late still be held liable?

Yes, if they know the criminal purpose, they can be held responsible for both prior and future acts.

When is a person guilty of conspiracy under the MPC?

If, with purpose of promoting or facilitating the crime, they:

(a) agree to commit or attempt the crime, or

(b) agree to aid others in planning or committing it.

Who is a Principal in the First Degree?

The main criminal actor(s) who, with the required mental state, cause the criminal result. May be present or constructively present

Who is a Principal in the Second Degree?

Someone who is present (physically or constructively) and aids, commands, or encourages the principal in the first degree.

Who is an Accessory Before the Fact?

One who orders, counsels, encourages, or otherwise aids and abets another to commit a felony and who is not present at the commission of the offense

Accessory After the Fact

A person who knowingly assists a felon after the crime is committed, with the intent to help avoid arrest or punishment.

What makes someone an accomplice under the MPC?

With the purpose of promoting or facilitating the offense, the person either:

(a) solicits another to commit it;

(b) aids/agrees/attempts to aid in planning or committing it, or

(c) fails to prevent it despite a legal duty.

What mens rea is required for accomplice liability?

The accomplice must intend to promote or facilitate the crime.

How can someone withdraw from accomplice liability?

Withdrawal must be complete, voluntary, and include efforts to undo the prior aid. Mere flight or disapproval is not enough.

What is a justification defense?

It makes the act lawful. Includes self-defense, necessity, and defense of others.

What are the elements of self-defense?

1. Actual or apparent threat of deadly force

2. Threat was unlawful or immediate

3. Belief in imminent peril of serious harm

4. Response was necessary

5. Belief was honestly held and objectively reasonable

Duty to Retreat (Self Defense)

A person may not use deadly force if they know a safe avenue of retreat is available; applies in some jurisdictions; but not under the 'stand your ground' doctrine

What is the 'Stand your Ground' doctrine?

A person may stand their ground and use deadly force when reasonably necessary to prevent imminent harm

When may deadly force be justified?

Only if the person faces a threat of death or serious bodily harm

When can deadly force be used?

(1) It is necessary to prevent the escape;

(2) Probable cause exists; and

(3) The suspect poses a significant threat of death or serious injury

Castle Doctrine

An individual has no duty to retreat inside their home BUT they cannot justifiably kill another person, outside of his home or place of business, if there is a safe avenue for retreat

Necessity Defense

A justification defense used when a person acts to prevent a greater harm:

a) It must be imminent

b) The harm avoided must outweigh the harm caused; and

c) There must be no legal alternative

Can an initial aggressor claim self-defense?

Only if they clearly withdraw and communicate that withdrawal.

What are the Elements of Necessity?

1. Emergency emergency situation not caused by defendant

2. Imminent threat creating a reasonable expectation of harm either directly to the defendant or to others

3. No reasonable alternative other than committing the criminal act, and

4. The feared injury was serious enough to ouweigh the criminal wrong

Is necessity a defense to homicide?

No, not in most jurisdictions.

How is necessity different from duress?

Necessity arises from natural forces or circumstances; duress comes from human threats.

Defense of Others

Reasonable and proportionate force used to defend another person from harm or injury.

Deadly force in defense of others may only be used if necessary to counter deadly force—not to stop non-deadly force.

Duress

A defense when the defendant is forced to commit a crime under threat of immediate death or serious bodily harm.

Is duress a defense to murder?

No. Duress is not a defense to homicide in most jurisdictions.

How does the MPC treat duress?

It is a defense if the crime was coerced and a person of reasonable firmness would have been unable to resist.

What is the purpose of the insanity defense?

To excuse defendants who lacked criminal responsibility/culpability due to mental illness at the time of the offense.

Who bears the burden of proof for insanity?

The defendant has the burden to prove their insanity defense by clear and convincing evidence (approximately 75%)

Lay Witness vs. Expert Witness

1. Lay Witnesses: Non-expert, general person. Their opinions are generally not accepted

2. Expert Witnesses: Qualified individuals who are specially trained in the kind of evidence. Their opinions/testimony is generally accepted.

Bifurcated Trial

A trial split into two phases:

1. Determine factual guilt

2. If necessary, determine legal insanity

If D is found not guilty in Phase 1, sanity is not addressed.

What verdicts can a jury return in an insanity defense case?

1. Guilty

2. Not Guilty

3. Not Guilty by Reason of Insanity (NGI)