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CRIMINAL LAW
Criminal Law Outline
I. Perpetrator (Principle in the 1st degree)
A. Act or Omission Voluntary
Not reflex, automaton,
sleep, hypnosis, etc.
1. Completed
2. Not Completed
(Inchoate)
a.
Preparation v. Attempt
(1) Various guidelines are used there is a very fine line between
preparation and attempt. To prove attempt, you must have proof of intent.
(a) Substantial step test some substantial step towards completion
(b) Last act test performed the last act they planned on doing
(c) Dangerous proximity test how close did they come to actually
succeeding?
(2) Abandonment
I. Actus Rea in General
Definitions:
1) "act" or
"action" means a bodily movement whether voluntary or involuntary;
2) "voluntary" has
the meaning specified in Section 2.01;
3) "omission" means
a failure to act;
4) "conduct" means
an action or omission and its accompanying state of mind, or, where relevant, a series of
acts and omissions;
5) "actor"
includes, where relevant, a person guilty of an omission;
6) "acted"
includes, where relevant, "omitted to act";
7) "person,"
"he" and "actor" include any natural person and, where is relevant, a
corporation or an unincorporated association
A. MPC 2.01(1) Must be voluntary act or ommission
1. MPC 2.01(2) Involuntary
acts (not culpable)
a.
reflex or convulsion
b.
bodily movement during unconsciousness or sleep
c.
conduct during hypnosis
d.
bodily movement that otherwise is not a product of the effort or determination of the
actor, either conscious or habitual.
2. MPC 2.01(3) An ommission
is a crime only if a staute makes it such
Ommitting to pay taxes is a crime.
Ommitting to help a stranger is not a crime (unless a statute make it otherwise)
3. MPC 2.01(4) Possession is
considered an act if the person was aware of the possession and had time to terminate the
possession
Person can't be held liable for possession of drug paraphanalia if she didn't know she had
it.
NOTE: This is different from knowing she has something but not knowing what it is (see
MISTAKE OF FACT)
B. Strict Liability
II. Mens Rea in General
Definitions:
1) "purposely" has
the meaning specified in Section 2.02 and equivalent terms such as "with
purpose," "designed" or "with design" have the same meaning;
2) "intentionally"
or "with intent" means purposely;
3) "knowingly" has
the meaning specified in Section 2.02 and equivalent terms such as "knowing" or
"with knowledge" have the same meaning;
4) "recklessly" has
the meaning specified in Section 2.02 and equivalent terms such as
"recklessness" or "with recklessness" have the same meaning;
5) "negligently"
has the same meaning specified in Section 2.02 and equivalent terms such as
"negligence" or "with negligence" have the same meaning
A. MPC 2.02(1) A person is not guilty unless he acted
with the mens rea required by law with respect to each material element of the offense.
(Exceptions in 2.05).
Example: "If a person purposefully uses a firearm to endanger the
life of another . . . ."
To be guilty, the person must have known or hoped that (1) he was using (2) a firearm (3)
to endanger (4) the life (5) of another. If he didn't know or hope all of these, he isn't
liable under this statute.
B. Generally, an actor must have intended the harm.
However, if D intends to harm one person and instead harms a third person, D's intent will
be transferred and she'll be treated as if she intended to harm the third person.
C. MPC 2.02(2) Kinds of culpability defined.
1. Aware: Degrees of
awareness
a.
Purposely: Absolutely certain of result or hope
for result.
b.
Knowingly: Practically certain of result or
believe that result is highly probably.
c.
Recklessly: (DEFAULT) Know that risk is
substantial and unjustifiable but do it anyway.
2. Not Aware
a.
Negligently: Should have been aware of
substantial and unjustifiable risk.
b.
Strict Liability: No mens rea required, just the act.
D. MPC 2.02(4) When a mens rea appears in a statute,
it applies to all of the material elements following it.
Example: "If an actor knowingly receives stolen goods from another
. . . ."
"Knowingly" applies to "receives," "stolen,"
"goods," and "another."
NOTE: In , Justice applied mens rea to the elements following it and
preceding it.
E. MPC 2.02(5) If a statute requires a mens rea, a
higher mens rea may meet the requirement.
Example: If the statute calls for negligently, it may be met by
negligently, recklessly, knowingly, or purposefully. If the statute calls for knowingly,
it may be met by knowingly or purposefully.
F. MPC 2.02(8) Willfully = Knowingly
If a statute calls for "willfully," it is satisfied if the person acts
knowingly.
G. MPC 2.02(10) If the degree of an offense depends
on the level of mens rea, the degree shall be
III. Mistake of Fact v. Factual Impossibility
A. Mistake of Fact don't know facts so can't
establish necessary mens rea.
1. Deals with the mens rea
element.
2. Actor thought the facts
were different.
Woman cashes checks stolen from mail. Doesn't know they were from mail. Not guilty.
(Wouldn't have done it if she had known the true facts?)
3. Usually a defense.
Exceptions exist: Heroin dealer's assault Fed. officers; don't know they're officers. Not
a defense. (U.S. v. Feola)
B. Factual Impossibility
1. Deals with the act.
2. No matter how hard the
person tries, the crime can't be committed this way.
Trying to open a safe with a can opener
Using voodoo to kill someone
3. Not a defense.
IV. Mistake of Law v. Legal Impossibility
A. Mistake of Law don't know that the act is illegal.
1. Deals with the mens rea
element.
2. Break the law but didn't
know.
Federal corrections officer thinks it's legal to carry a gun; it's not. Mistake of law no
defense. (People v. Marrero)
3. Not a defense.
4. NOTE: It's not a valid
defense to say that you acted on a public official's advice.
a.
Man asked Attorney General about putting up a sign. A.G. answered wrong; man put up sign
and was found guilty. (Hopkins v. State)
B. Legal Impossibility
1. Deals with the act.
2. Try to break the law, but
don't.
Try to buy marijuana but actually buy oregano.
Shoot a stuffed deer.
3. Usually a defense.
C.
D. Additional Requirements
1. Causal Connection to
Harm: Act and Harm MUST be Connected
