Criminal Law

Front 1

Chicago v. Morales

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Precision in Definition
Concepts
Vagueness
Overbreadth
Standard:
Definiteness (i.e., gives a person of ordinary intelligence fair notice that conduct is illegal)
Rationale
Assures adequate notice; and
Discourages arbitrary enforcement (which is Required by Due Process)

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Vagueness Doctrine

Back 2

Def: statute fails to give fair notice to persons of ordinary intelligence that certain conduct is illegal
HYPO: TTU rule that students may not use “impolite, rude, or unprofessional language on campus”

Front 3

Overbreadth

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Def: statute prohibits constitutionally protected conduct (usually relate to 1st Amendment--rights like free speech and assembly)
HYPO: TTU rule stating that “not law student may publicly criticize or make fun of a tutor”

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Roper v. Simmons

Back 4

USSC – Execution of a minor prohibited by the 8th Am.

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Harmelin v. Michigan

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No guarantee of proportionality under 8th Am.

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1.05 Construction of the Code

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The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.

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2.01 Proof Beyond a Reasonable Doubt

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All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicated for, or other wise charged with, the offense or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

Front 8

Mulaney

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Law that presumed D acted with Malice Aforethought violated Due Process.

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2.04 Affirmative Defense

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(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.
Ex: Insanity, Duress

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6.02 Requirement of Culpability

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a) Except as provided in subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.

b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with an y mental element.

c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: Intentional; knowing; reckless; criminal negligence.

e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

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Culpable Mental State - Intentional

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…with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

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Culpable Mental State - Knowing

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…with respect to his conduct or circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. “…” with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

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Culpable Mental State - Reckless

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…with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

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Culpable Mental State - Criminal Negligence

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…with respect to circumstances surrounding his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

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Lambert:

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Generally, “ignorance of the law is no excuse”
But, DP requirement of notice is essential.
Actual knowledge of the duty to register or probability of such knowledge and the failure to comply are necessary for conviction to pass constitutional muster.
Upshot: USSC was offended by this case:
- Passive act
- No way to have known
- No option to register after given actual knowledge

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Egelhoff

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Voluntary intoxication is NOT a defense in Texas (or anywhere else)

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3.01 Criminal Episode

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Criminal Episode means the commission of two or more offenses, regardless of whether the harm is directed towards or inflicted upon more than one person or item of property, under the following circumstances:

a) The offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan; or

b) The offenses are repeated commission of the same or similar offenses

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Leyda

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Identity Theft via Credit cards

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The Act

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Crimes require a voluntary physical act or conduct by D as defined by statute (e.g. act, omission, or possession.)
We do not punish bad thoughts or statuses (e.g., addiction)
E.g., Robinson (charged with an addiction/not okay)

Act must be voluntary

Exception: voluntary act preceding involuntary act (like driving with epilepsy)

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6.01 Requirement of Voluntary or Omission

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a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

c) A person who omits to perform an act does not omit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform.

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The Act (Duty)

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Failure to Act
Must have duty to perform an act to be held liable for failing to do so (know of child abuse and fail to report)

Bystander Rule (generally do not have a duty to act if you see someone in peril)

Kuntz