Weeks 1 -2: Chapter 3: Legality 189-232 1. Legality Principle- - no punishment without law. required a previously established law, which must be announced in reasonably clear terms, so that the average person does not need to guess its meaning. 2. Lenity- when the rule is unclear, you should find for the defendant. 3. Retroactively- using a statue and enlarging it to create a new crime 4. ex post facto law a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. a. Unexpected and indefensible. 5. Capability blameworthiness of an act. 6. Proportionality: reasonably differentiates between minor and serious offenses 7. General Intent Crime: one step. simple assault: intent to cause physical harm and causes physical injury as a result 8. Specific Intent Crimes: two steps. attempted assault: with intent to cause physical harm and you make an attempt to do it (example #2: burglary: 1. knowingly enter and the intent to commit the crime) 9. Affirmative Defense: all the elements have been proven up by the prosecutor, but you're either justified or you have an excuse that exonerates you; defendant has the burden to put on evidence that they did not commit the crime. 10. The Merger Doctrine: NOT IN NY; CA Follows: if the underlying crime that is NOT enumerated (is assaultive in nature: causes injury), you can NEVER charge felony murder, you have to charge the homicide. if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offenses will drop out, and the defendant will only be charged with the greater offense. 11. The 5 D's: Suicide: If a person encourages a suicide of another, they are not guilty of murder so long as the person is in their right state of mind and not -- 1. drunk; 2. drugged; 3. duress; 4. depressed; 5. deceived 12. The Agency Doctrine: NY DOES NOT FOLLOW -- has proximate cause; you or your accomplice has to be the killer, not just a contributor, to be charged with felony murder. 13. The Derivative Liability Theory: requires culpability and conduct by the second actor for accomplice liability 14. The Innocent Agent Doctrine: compelling an innocent agent (someone who doesn't know they are committing a crime) to commit a crime; the compeller becomes the principal agent. However, the principal agent CAN'T be charged under some exceptions ... Ex: diplomatic immunity (a culpable-but-unconvict-able principal). 15. Principle of Feigned Accomplice: person with whom you are committing the crime is not a criminal -- they do not have any intent of committing a crime - umbrella concept of entrapment: tricking someone into committing a crime - you committed the crime but you wouldn't have committed the crime but for the instigation of the principal - Complete Defense: if the defendant has a complete defense, stand your ground for example, they will be acquitted
16. Lesser Crime Principle: a crime that is necessarily