Introduction and Principles of Punishment
What are the two broad theories of punishment, and how does each justify punishment?
Utilitarianism: Punish whomever and however will maximize aggregate utility
Retribution: Punishment is justified as a deserved response to wrongdoing
What is the "actus reus" of an offense?
The physical, or external, component of a crime.
What does "concurrence of the elements" relate to?
What is the felony murder rule?
One is guilty of murder if they kill another person, even accidentally, during the commission or attempted commission of any felony.
Define crime/criminal conduct.
Conduct which, if duly shown to have taken place, will incur a formal and solemn pronouncement of moral condemnation of the community
Define attendant circumstances
An "attended circumstance" is a condition that must be present, in conjunction with the prohibited conduct or result, in order to constitute a crime.
What kind of offenses most commonly impose strict liability?
Public welfare offenses
Define common law murder and murder under the MPC.
1. Common law: Murder is the killing of another human being with "malice aforethought"
2. MPC: Homicide constitutes murder if the killing is committed: (a) purposely, (b) knowingly; or (c) "recklessly under circumstances manifesting an extreme indifference to the value of human life"
What is the general principle followed to determine proportionality of punishment?
Punishment should be proportional to the offense committed.
How does common law define a voluntary act?
What are Dressler's 6 common law factors for determining an intervening cause is a proximate cause?
1. De minimus causes
2. Intended-consequences doctrine
3. Omission factor
4. Foreseeability
5. Apparent-safety doctrine
6. Voluntary human intervention
Define jury nullification.
Jury nullification occurs when the prosecution has proven its case beyond a reasonable doubt, but for reasons of conscience it disregards the facts and/or the law and acquits the defendant
Give at least one rationale for the general rule regarding omissions. (There are 3 main ones)
1. Proving the Omitter's State of Mind (difficult to determine)
2. Line-Drawing Problems (Which omitters should be persecuted?)
3. Promoting Individual Liberty (criminal law should be used to prevent harm, not used to coerce people to benefit others)
What are the three exceptions to the common law approach to mistake of law?
1. A mistake negates the mens rea
2. Authorized-Reliance Doctrine (at time of offense, D reasonably relied on an official statement of law, later determined to be erroneous)
3. It offends due process
What does the Eighth Amendment have to do with punishment?
The Eighth Amendment's Cruel and Unusual Punishment Clause prohibits grossly disproportional punishment
Ordinarily a person is not guilty for a failure to act, but what are the limited situations in which a failure to act may constitute a breach of a legal duty?
(HINT: There are five)
1. Where a statute imposes a duty
2. Where one stands in a certain status relationship to another
3. Where one has assumed a contractual duty to care for another
4. Where one has voluntarily assumed the care of another
5. When one person creates the risk of harm
What are the two exceptions to the mistake of fact defense under common law general intent offenses? Describe them.
“Moral Wrong” Doctrine: a reasonable mistake of fact ordinarily exculpates a defendant prosecuted for a general intent crime, unless the defendant’s conduct was still morally wrong
“Legal Wrong” Doctrine: although the mistake of fact was reasonable, the defendant can still be convicted if their conduct would still be criminal if the factual situation was as they supposed
Name and describe at least one of the tests for insanity?
M'Naughten Rule (predominates): A person is legally insane if, at the time of the act, they were suffering mental disease as: (1) not to know the nature and quality of the act they were doing; or (2) if they did know it, that he did not know what he was doing was wrong (KNOWLEDGE)
"Irresistible Impulse" Test: A person is insane if, as the result of a mental illness or defect, they acted with an irresistible and uncontrollable impulse or if they lost the power to choose between right and wrong (CONTROL)
Product Test: A person is excused if his unlawful act was the product of a mental disease or defect if 2 matters are proved: (1) defendant suffered from mental disease/defect at the time of the crime and (2) but for the disease or defect, he would have not committed the crime (WHAT PRODUCED ACTION)