Criminal Law For Final Exam

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KEY PURPOSES OF CRIMINAL LAW

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1. Retribution: Punish because it is deserved
a. Just deserts: cannot punish more severely than conduct
2. Incapacitation: Physically incapacitate person from committing crimes against the public.
3. Deterrence: Deter from committing crime
a. Specific: Subject person to unpleasant experience in hope she will refrain from criminal conduct in future
b. General: Use person as example to the public
4. Reform: Criminal recognizes crime is wrongful, and has change of heart
5. “Newer” Restorative Justice: Take steps so offender repairs harm done and makes offender accountable (Branham loves this)

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THE ACT REQUIREMENT

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• Committed a voluntary act
o EXCEPTION: Can be culpable if D started act knowing he might lose consciousness and he still engages in dangerous behavior
• Must stem from a conscious exercise of defendant’s will
• Failure to act can give rise to culpability:
o Legal duty to act
Spousal relationship
Parent-child relationship
Employer-employee relationship
o Contractual Duty (nursing homes)
o Voluntarily assumes care of someone
Secludes the person so others are prevented from providing care

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THE ACT REQUIREMENT (CONT.)

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• Statute can create duty
o If you are in an accident you must call police
o You have to pay taxes
• EVEN IF THERE IS A DUTY TO ACT, IT MUST HAVE BEEN REASONABLY POSSIBLE TO PERFORM THE DUTY OR SEEK HELP FROM OTHERS (EX: Kids in fire, parents can’t get to them)
• These are NOT voluntary acts:
o Reflex or convulsion
o Bodily movement while sleeping/unconscious
o Conduct during hypnosis
o Bodily movement not caused by actor’s determination

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MENS REA

QUESTIONS TO ADDRESS

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1. What is the mens rea for this crime?
2. What facts demonstrate the actor did or did not act with requisite state of mind?

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MENS REA

PURPOSELY

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A person acts purposely with respect to a material element of a crime when:
a) If the element involves the nature of his conduct or a result thereof, it is his conscious object (desire) to engage in conduct of that nature OR to cause that result.
b) If the element involves attendant circumstances, he is aware of existence of such circumstances OR he believes or hopes that they exist.

*BRANHAM LANGUAGE: Conscious desire to cause that result, consciously desiring outcome

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MENS REA

KNOWINGLY

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A person acts knowingly with respect to a material element of an offense when:
a) If the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
b) If the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result

*Ostrich Defense: Deliberate ignorance can equal knowledge

*BRANHAM LANGUAGE: Aware actions are practically certain to cause that result, looks to the future “causing result.”

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MENS REA

RECKLESSLY

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A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a GROSS DEVIATION from the standard of conduct that a law abiding citizen would observe in the actor’s situation

*BRANHAM LANGUAGE: D is actually aware of substantial and unjustifiable risk and disregard of that risk must reflect a gross deviation from the standard of conduct of law abiding people.

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MENS REA

NEGLIGENTLY

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A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.

*BRANHAM LANGUAGE: Should have been aware of substantial and unjustifiable risk and failure to perceive the risk reflects gross deviation from standard of conduct of reasonable people

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MENS REA

IF CULPABILITY IS NOT PRESCRIBED BY STATUTE

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If the requisite mens rea is not provided by law, the element is satisfied if the person acts purposely, knowingly, or recklessly, NOT negligently. It will not suffice.

-ALSO-

Prescribed culpability requirement applies to all material elements of the offense when the law defining the offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense UNLESS a contrary purpose plainly appears.

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MENS REA

SUBSTITUTES

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When law provides that negligence suffices to establish an element of an offense, such element is also established if a person acts purposely, knowingly or recklessly. When recklessness suffices, such element also is established if a person acts purposely or knowingly. When knowingly suffices, such element is also established if a person acts purposely.

“Lesser included state of mind”

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MENS REA
REQUIREMENT OF KNOWLEDGE SATISFIED BY KNOWLEDGE OF HIGH PROBABILITY

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When knowledge of the existence of a particular fact is an element of an offense such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist.

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MENS REA
REQUIREMENT OF WILFULNESS SATISFIED BY ACTING KNOWINGLY

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A requirement that an offense be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears.