Criminal Law Principles and Theories of Punishment

What is the overall goal of utilitarianism in the context of punishment?

To maximize social welfare by punishing only to the extent that the loss of liberty is outweighed by the benefit to society.

What are the two kinds of deterrence in criminal law?

General deterrence, which sends a message to society, and specific deterrence, which aims to deter the individual who committed the crime.

What is retributivism in the context of punishment?

A moral theory that justifies punishment as a response to wrongdoing with proportionate and principled punishment.

What are the justifications for punishment in criminal law?

Retribution, deterrence (general and specific), incapacitation, and rehabilitation.

What is jury nullification?

The act of a jury deciding not to convict a defendant because they believe the law is inconsistent with community values or the circumstances of the case warrant a different outcome.

What is the rule of lenity?

If a statute can bear two equally plausible interpretations, the court must choose the more lenient interpretation that creates less criminal conduct.

What is the basic doctrine established by Papachristou and City of Chicago regarding statutes?

A statute must provide fair notice to an average person about what behavior violates the statute and cannot afford excessive police discretion.

What does proportionality mean in the context of punishment?

Punishment should fit the crime.

What does 'beyond a reasonable doubt' mean in criminal law?

Factfinders must be very sure that an element of a crime has been established, but it does not require absolute certainty.

What is the burden of production in a criminal trial?

The obligation to produce evidence to support a claim.

What is the burden of persuasion in a criminal trial?

The obligation of the prosecution to convince the factfinder of every element of the crime beyond a reasonable doubt.

What are mandatory presumptions in the context of criminal law?

Evidentiary shortcuts that allow proof of one fact to be deemed proof of another, which can be unconstitutional if they allow convictions on less than proof beyond a reasonable doubt.

What is the Supreme Court's stance on the death penalty for crimes?

The death penalty may be available for particularly heinous crimes involving death but rarely for crimes that do not involve death.

Are juveniles eligible for the death penalty?

No, juveniles are not eligible for the death penalty or mandatory sentences of life without the possibility of parole.

What is the role of the prosecution in a criminal trial?

The prosecution bears the burden of persuasion on every element of the crime and must prove its case beyond a reasonable doubt.

What is the difference between general deterrence and specific deterrence?

General deterrence aims to deter society as a whole, while specific deterrence focuses on deterring the individual who committed the crime.

What is the significance of incapacitation in the context of punishment?

Punishment is intended to increase social welfare by incapacitating criminals.

What does it mean for a statute to provide fair notice?

It must clearly inform an average person about what behavior is prohibited.

What is the implication of the rule of lenity in states that retain it?

Courts must interpret ambiguous statutes in a way that favors defendants, reducing criminal liability.

What is the significance of the burden of proof in criminal law?

It ensures that a defendant cannot be deemed guilty until the prosecution has met its burden of persuasion.

What is the distinction between rebuttable and irrebuttable presumptions?

Rebuttable presumptions can be challenged and disproven, while irrebuttable presumptions cannot be contested.

What triggers moral outrage in the context of criminal behavior?

Behavior that causes harm to the public.

What is the relationship between punishment and social welfare according to utilitarianism?

Punishment should only occur when it serves to maximize social welfare through deterrence.

What is Actus Reus?

The physical/external element of a crime.

What constitutes a voluntary act in criminal law?

An act must be volitional to be deemed voluntary; involuntary acts, such as seizures, are generally not considered voluntary.

Under what circumstances can an involuntary act lead to criminal responsibility?

If the actor did not take reasonable precautions to guard against the involuntary act's occurrence or the harm that might result.

What is the difference between active possession and passive possession?

Active or voluntary possession is considered a voluntary act, while involuntary or passive possession is generally not.

What is the distinction between conduct crimes and result crimes?

Conduct crimes prohibit specific actions, while result crimes prohibit the outcomes of those actions.

What are attendant circumstances in criminal law?

Facts that must exist alongside conduct and possibly state of mind before criminal liability can attach.

When is an omission considered an actus reus?

An omission is generally not an actus reus unless there is a legal duty to act.

How can the withdrawal of life support be characterized in terms of criminal liability?

It can be deemed an omission (failure to treat) that does not trigger criminal liability when no legal duty to treat exists.

What is Mens Rea?

The mental element of a crime, often referred to as the 'guilty mind'.

What does 'intentionally' mean in common law?

The actor consciously desires to cause a result or is practically certain that a result will occur from their actions.

What is transferred intent?

An issue that arises when the intent to cause one result yields a different result than intended.

What does 'knowingly' imply in legal terms?

The actor has an understanding of the high probability of the existence of a fact or attendant circumstance.

What is willful blindness?

A situation where a defendant believes an attendant circumstance exists but refuses to confirm it, which may substitute for the knowingly mens rea.

What does 'willfully' mean in the context of criminal behavior?

It can mean acting intentionally or with knowledge that the behavior is unlawful.

What is the definition of recklessly in criminal law?

Acting with knowledge of the possibility of harm or showing very gross negligence.

What distinguishes criminal negligence from civil negligence?

Criminal negligence tends to require gross negligence, which is quantitatively different from civil negligence.

What is the highest mental state in criminal law?

Purposefully, which means acting with the conscious object or goal to do something.

How does knowingly relate to harmful results?

A defendant knows that a harmful result is practically certain to occur because of their conduct.

What does recklessness focus on in terms of a defendant's behavior?

A conscious disregard or indifference to a substantial and unjustifiable risk of harm.

What is the MPC definition of mental states when a crime contains no mens rea term?

Mens rea is presumed to be recklessness with respect to all material elements.

What is the difference between conduct crimes and result crimes in terms of purpose?

Conduct crimes involve acting with the conscious object to engage in prohibited conduct, while result crimes involve acting purposefully to bring about a prohibited result.

What are the two parts of the subjective standard for intent?

Conscious disregard and the nature of the risk that the actor disregards.

What does MPC Section 2.02(2)(c) state about the nature of the risk?

The risk must involve a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

Why do most crimes require at least recklessness instead of negligence?

Deterrence: We cannot deter an actor unless we believe they made a conscious choice. Retributivist: Only actors who consciously reflect on the risk deserve punishment.

What is the difference between recklessness and negligence in criminal law?

Recklessness requires awareness of a risk, while negligence focuses on inattentiveness to a substantial and unjustifiable risk.

What must the nature of the risk be for it to be considered substantial and unjustifiable?

The actor's failure to perceive it must involve a gross deviation from the standard of care that a reasonable person would observe.

What are the two kinds of causation in criminal law?

But for/actual cause and proximate cause.

How does foreseeability relate to proximate cause?

Foreseeability in light of the defendant's conduct is key; a foreseeable intervening cause usually does not break the chain of causation.

What is the difference between causation issues in criminal law versus torts?

Many crimes do not require a harmful result, and prosecutors may avoid cases with questionable causation.

What is an intervening human action in terms of causation?

It may break the chain of causation if it is unforeseeable; however, if it is foreseeable and directly caused by the defendant, they may still be liable.

What factors may a jury consider regarding intervening causes?

Nature of the intervening cause, foreseeability, control over the intervening cause, and the harm contributed by it.

What is strict liability in criminal law?

Strict liability crimes do not require proof of mens rea; the defendant is guilty regardless of their belief in the propriety of their conduct.

In what types of cases is strict liability typically allowed?

Public welfare crimes and statutory rape cases.

What was the significance of Morissette v. US regarding strict liability?

The Supreme Court held that common law crimes are presumed not to be strict liability offenses unless explicitly stated.

What is the implication of strict liability offenses being the exception rather than the rule?

It should not be presumed that a crime is a strict liability offense without clear statutory language.

What does it mean for liability to exist without mens rea?

It means a defendant can be held liable even if they honestly and reasonably believed their conduct was proper.

What is the role of the prosecution in proving mens rea for strict liability crimes?

The prosecution has no responsibility to prove culpable mens rea in strict liability cases.

How does the concept of causation differ in crimes like conspiracy and attempt?

These crimes do not require a harmful result, making causation less of an issue.

What is the standard of care that a reasonable person would observe in the actor's situation?

It is the benchmark against which deviations in conduct are measured for determining negligence.

What is the relationship between direct cause and foreseeability in causation?

Direct cause must be considered along with foreseeability to determine if the chain of causation is broken.

What is the importance of policy arguments in causation cases?

They help determine whether an intervening cause should break the chain of causation.

What is the definition of a foreseeable intervening cause?

An intervening cause that typically does not break the chain of causation.

What is the definition of an unforeseeable intervening cause?

An intervening cause that usually breaks the chain of causation.

What is the requirement for mens rea in crimes according to the Supreme Court's ruling?

Mens rea is a requirement of all crimes unless there is clear legislative intent not to require it.

What is the first step in determining if an offense is strict liability?

Look at the language of the statute; if it expressly states that no mens rea is required, it is a strict liability offense.

What should you do if the statute omits language of intent when determining strict liability?

Move to step 2, which involves looking at the legislative history of the offense.

What factors should be considered when assessing the purpose of a law and the penalties imposed for strict liability offenses?

Consider the purpose of the law and the amount of penalty imposed; strict liability offenses generally carry low penalties.

What is a common defense against strict liability offenses?

Arguing actus reus if the crime resulted from a non-culpable act and the trier of fact agrees.

What is vicarious liability?

Responsibility of a defendant for criminal acts of another person, usually without showing that the defendant has a culpable mens rea.

What distinguishes general intent from specific intent?

General intent requires no special mental state, while specific intent requires proof of a particular mental state.

What are inchoate crimes?

Specific intent crimes that cannot be committed through negligence or recklessness.

What constitutes the actus reus of solicitation?

Asking or encouraging someone to commit a crime, which can be for pay or for free.

What happens to the crime of solicitation once the words have been spoken?

The crime of solicitation is complete and cannot be taken back.

What is meant by 'merger' in the context of solicitation?

The smaller crime of solicitation merges into the larger crime if the solicited crime is completed.

What is the actus reus of conspiracy?

An agreement to commit an unlawful act or series of unlawful acts.

What is required in most jurisdictions in addition to the agreement in a conspiracy?

An overt act in furtherance of the crime.

What is the difference between unilateral and bilateral jurisdictions in conspiracy?

In unilateral jurisdictions, only one party needs to have mens rea; in bilateral jurisdictions, both parties must have mens rea.

What is the common law requirement for intent in conspiracy?

Intent can be either purpose or knowledge.

What is the rationale behind prosecuting conspiracies?

To address the special danger posed when groups of people come together to commit crimes.

What is the significance of impossibility in the context of solicitation and conspiracy?

Impossibility is not a defense; it is still considered dangerous and morally blameworthy.

What is the definition of actus reus in the context of solicitation?

The act of asking or encouraging someone to commit a crime.

What does it mean for a conspiracy to be abandoned?

A conspiracy is considered abandoned when none of the conspirators is engaging in any action to further the conspiratorial objectives.

What is the mens rea requirement for conspiracy under the MPC?

The conspirator must have the purpose of promoting or facilitating the crime.

What is the implication of a crime carrying a possible sentence of multiple years in jail regarding strict liability?

If a crime carries a possible sentence of multiple years and is not a holdover from common law, the defense has a strong argument against it being treated as a strict liability offense.

What is the role of actus reus in strict liability offenses?

In strict liability offenses, the actus reus is the focus since mens rea cannot be argued.

What is the significance of the legislative history when determining strict liability?

It helps clarify whether mens rea is required based on the context and intent behind the law.

What is the relationship between the number of people involved in a crime and its likelihood of success?

The more people involved in the planning and execution of a crime, the more likely the crime will succeed.

Why is conspiracy treated as a separate crime?

Conspiracy is treated as a separate crime due to the added dangers it presents, including complex crimes and the moral support and peer pressure among conspirators.

What is Pinkerton liability in the context of conspiracy?

As a conspirator, you are liable not only for the crime that is the object of your agreement but also for all crimes in furtherance of the conspiracy that are reasonably foreseeable.

Can a conspirator be held liable for crimes committed by co-conspirators before joining the conspiracy?

No, a conspirator is not guilty of substantive offenses committed by co-conspirators prior to joining the conspiracy, although those acts may be used as evidence.

What is the general rule regarding abandonment as a defense to conspiracy?

Abandonment is generally not a defense to conspiracy.

What exception exists regarding abandonment in some jurisdictions?

Some jurisdictions allow a conspirator to cut off liability for future crimes if they communicate their withdrawal to all co-conspirators in time.

What must a defendant do to withdraw from a conspiracy under common law?

A defendant must take affirmative action to announce their withdrawal to all other conspirators.

What is the statute of limitations for conspiracy under the MPC?

The statute of limitations begins to run once the defendant has informed co-conspirators or notified authorities of their termination from the conspiracy.

Under what condition can a defendant avoid liability for conspiracy under the MPC?

A defendant can avoid liability if they successfully thwart the criminal acts of the conspiracy, demonstrating a complete and voluntary renunciation of their criminal purpose.

How do accomplice liability and conspiracy differ?

Accomplice liability involves aiding someone in committing a crime, while conspiracy involves agreeing to commit a crime.

What is Wharton's Rule?

Wharton's Rule suggests that if two people must act cooperatively to commit a crime, their agreement is not a conspiracy, though a third party may form a conspiracy with one of the actors.