Objectives of Punishment
What is retribution?
This theory of punishment looks backward at the defendant's conduct and asks what's appropriate to meet the harm caused.
Define the two basic elements that almost every crime requires.
AR - Voluntary physical act (or omission where there is a legal duty to act)
MR - prohibited mental state
Coerced behavior may be voluntary under common law.
True/False
True
A man breaks into a house to kill his ex wife but accidentally kills her friend who was lying in her bed instead. Does he have the necessary mens rea for the killing? Why?
Yes, transferred intent
Yea my gun barrel was 16 inches law, but i didn't know the law required me to register it. What type of mistake is this?
mistake of law
What is incapacitation?
This forward-looking theory of punishment aims to protect society from future crimes by removing the offender for a specified period.
What is an affirmative defense vs case in chief defense?
AD - defendant who admits their conduct satisfies all elements of a crime but claims they were legally justified is asserting this type of defense
CIF - attack on element of the offense
A parent does not feed their child, and the child starves to death. What is the actus reus here to create criminal liability?
failure to feed child - omission
What is strict liability crimes? Give an example of 1
An offense with no required mens rea. Criminal liability does not depend on intent (dui, statutory rape, traffic offense)
Mol negates an element of the crime is a defense only if
(1) honest (good faith) AND (2) reasonable (measured by objective standard.
What is a criticism of deterrence?
This theory assumes offenders engage in a rational cost/benefit analysis before committing crimes.
“A person is guilty of larceny when they unlawfully take and carry away the personal property of another with the intent to permanently deprive the owner of it.”
whats the MR, AR, and AC
Actus Reus: Unlawful taking and carrying away of property.
Mens Rea: Intent to permanently deprive the owner.
Attendant Circumstances: The property must belong to another.
Exceptions to create liability for omission
exceptions (all 3 prongs required)
1) where/when the defendant had a legal duty to act AND
a) Special relationship (spouse, parent-child)
b) Contractual duty: DD in contract requiring her to act in a particular way
c) Statutory duty: failing to act in compliance w a statute (IRS, tax evasion)
d) D creates the risk of harm to the victim (frat hazing)
e) D voluntarily assumes care/ aid of the person in need of help
2) Defendant was physically capable of acting AND
3) Defendant knew that aid was needed
General intent vs specific intent
Specific Intent offenses require:
An intent to commit an act beyond the actus reus of the offense;
A special motive for committing the actus reus of the offense; or
An awareness of a particular ac
General Intent
Required mental state includes only the intent to do the act that causes the harm. There is no specific intent beyond the actus reus.
Reckless and negligence are typically intent crimes
moral wrong doctrine vs legal wrong doctrine
Moral wrong doctrine: still guilty if conduct was immoral
Legal wrong doctrine (Bell v State): still guilty if they would have been guilty of another offense had facts had been as D believed
(Bell: guy prostituting a teenager says i didn't know she was underage – court says okay but even if she was an adult, your conduct would still be unlawful)
A prosecutor argues that a harsh sentence will send a message to others contemplating similar crimes. She is employing what type of deterrence?
What is general deterrence?
“Burglary is the unlawful breaking and entering of a dwelling at night with the intent to commit a felony inside.”
Whats the AR, MR, AC
Actus Reus: Breaking and entering.
Mens Rea: Intent to commit a felony inside.
Attendant Circumstances: Must be a dwelling; must occur at night; the entry must be unauthorized.
Although it involves no active conduct, this form of actus reus may be established when someone knowingly has a controlled substance in their backpack.
What MPC section is this in?
What is constructive possession?
MPC § 2.04
Whats the difference between mental states under the mpc and cl?
mpc is purposely defined, logical relationship to each other. cl has no relationship to each other, meanings vary across statutes
MOL defense exceptions
MOL defense exceptions:
A law/statute that was later deemed invalid/unlawful/unconstitutional
A judicial decision that was later overruled
An erroneous interpretation of the law by an appropriate public official responsible for interpreting, administering, or enforcing the law
This punishment objective focuses on maximizing the benefit to society as a whole
Utilitarian
Which MPC section defining a material element
none, § 1.13 defines an ME by what its not
Devon, in a deep sleep, begins sleepwalking. While sleepwalking, he picks up a baseball bat and hits his roommate, who suffers a concussion. There’s video showing Devon’s eyes closed and him stumbling around.
Question:
Has Devon committed the actus reus required for assault? Why?
No - involuntary if he was asleep
What are the CL vs MPC mental states and define common law ones.
MPC - purposely, recklessly, knowingly, negligently
CL - willfully, maliciously, corruptly, intentionally, knowingly, recklessly, negligently
Intentionally
Conscious object to cause the result or
Knowing that the result was virtually certain to occur b/c of conduct
Knowingly
Person acts knowingly of a fact/ac if she:
Was aware of fact/ac
Correctly believes the fact/ac to exist;
Suspects the fact/aac exists and purposely avoids confirming suspicion (willful blindness)
Recklessness:
Conscious disregard of substantial and unjustifiable risk that conduct would cause the social harm of the offense (i.e. knew of danger and did it anyway)
Negligent:
D should have been aware that her conduct created a substantial and unjustifiable risk that conduct would cause the social harm of the offense
Malicious
Intentionally causing the particular social harm that resulted OR
Recklessly causing the particular social harm that resulted (foreseeing the harm may result and taking the risk anyway)
is there criminal liability?
Tasha arrives at an airport baggage claim and grabs a black Samsonite suitcase that looks exactly like hers. She takes it home, opens it, and finds someone else’s clothes and electronics. The owner calls the police and reports it stolen.
Sample Statute (Theft):
“A person is guilty of theft if they knowingly take or exercise control over the property of another with the intent to permanently deprive the owner of it.”
Tasha made a mistake of fact — she believed the suitcase was hers.
Mens rea issue: She did not knowingly take another person’s property.
If the fact had been as she believed (that it was her own), her conduct would be innocent.
Conclusion: The mistake negates the mental state required for theft → likely no criminal liability.