CRIMINAL LAW What is Criminal Behavior? * Conduct that is performed with a specific mental state that inflicts or threatens Substantial Harm to individual or public interests without a justification or excuse * Throughout Criminal Law, we alternate between Traditional Common Law (Judicial Case Law) and the Model Penal Code (Code created by American Law Institute) * The Government has to prove its burden beyond a reasonable doubt. Defendant has to prove affirmative defenses Theories of Punishment: Utilitarianism: Seeks to deter future wrongdoing for the good of society. Useful consequences of punishment. Depends on how much punishment is necessary to deter/rehabilitate/incapacitate etc. Retribution: Seeks to punish those who break the law based on what they deserve. Depends on how bad the act was, how much harm was caused, and how bad we think the actor is. Can be mitigated by circumstances. I ACTUS REUS - CONDUCT The guilty act Key Principles: 1. A crime must involve a criminal act 2. The act must be voluntary An Actus Reus needs to be either: 1. Voluntary Conscious Act that causes an Unlawful Result (Act) 1. Reflexes, Spasms, Convulsion, Sleepwalking are not voluntary so they do not count MPC 2.01 2. Culpable Omission (Omission) 1. D fails to act when they should have. They had a duty or ability to act. 1. Legal Statute Duty (Ex: Law Enforcement) 2. Legal Contract Duty (Ex: LifeGuard; Employee of Nursing Home)
3. Relationship Status (Ex: Parent-Child) 4. Voluntary Assumption Duty that was then abandoned 1. Ex: Tort case where the guy provided her with alcohol, started to help save her but then stopped and she died 5. Failing to help when they were the one to cause the risk (Ex: Hit and Run) . There has to be an act done. Not a desire to act in the future. We don't punish thoughts. . One cannot be punished for doing something that is not prohibited by the law . Rule of Lenity: The more vague a law is, the more people it will apply to, not enough discretion for police and it doesn't give fair notice of the law to people which is why we read the statute narrowly/specifically . Movement due to Outside Forces are Not An Act, It has to be VOLUNTARY . Thoughts are Not An Act · Status (ex. Being a drug addict) is Not An Act . Act and Mental State must occur together! (Concurrence) Summary of Actus Reus o Past o Voluntary o Wrongful or Potentially Harmful ? Conduct o Specified ? In Advance ? By Statute II MENS REA - MENTAL STATE The guilty mind Malum In Se: Acts that are crimes because they are inherently immoral (ex: murder) Malum Prohibitum: Acts that are merely crimes because they are prohibited by statutes (ex: parking violation) · Common Law Mental States are Specific/General Intent, Malice & Strict Liability (we will discuss Malice in the Homicide Unit) Specific vs. General Intent (Common Law) Specific Intent: Purpose. Consequences are desired. · Any