CRIMINAL LAW
1. INTRODUCTION
Sources of Criminal Law
i. statutes
50 states+ fedgov have diffcrim statutes
: no jurisdiction bound by another's statute
: cts may not overrule statutes except on cons. grounds statutory law has origins in the common law 1962 Model Penal Code (MPC) > systematic reformulation of trad. crim law doctrines
ii. judicial precedent
common law judges engage in CL judicial reasoning when interpreting a statute or constitution CL practices stare decisis > assigns binding legal authority to judicial precedent cts provide rules or standards of decision which are binding in future cases
iii. constitutions
DP clause of 5th places burden of proof beyond a reasonable doubt on fed prosecutors and 14th similarly obligates states The Analysis of Criminal Liability B. The Purpose of Analysis
Dividing question of criminal liability into issues can help resolve 3 probs:
(1) The scope of legality
(2) Burdens of proof
(3) Statutory interpretation
MPC Scheme
Basic Analytic Structure:
An offense was committed where actor satisfied all elements in definition of offense. 2 sorts of elements: objective reqts. (actus reus elements) and culpability reqts. (primarily mens rea elements)
ii.
objective elements of an offense may include conduct of actor, circumstances under which conduct takes place, and results stemming from conduct
iii.
every offense must contain at least one obj. element consisting of the conduct of the actor (the act reqt) The mental/culp. elements of an offense may be purpose, knowledge, recklessness, negligence, or lack of culpability (Strict liability) with regard to engaging in the conduct, causing the result, or being aware of the circumstances specified as the obj. elements
iv.
every obj. element must have a corresponding culpability element and that level of
culp. may be different for each obj. element of the same offense
MPC defines "affirmative defenses"-> any circumstance that negates one of these defenses is treated as an obj. element of the offense D. Burdens of Proof and Due Process
rule pros. must prove case beyond a reasonable doubt implies social judgment we are more willing to tolerate erroneous acquittals than convictions
: crim litigant may face 2 diff. kinds of burdens:
(1) burden of production
o duty to introduce at least some prima facie evidence to compel fact finder to consider a claim
(2) burden of persuasion
o duty to persuade fact finder that totality of the evidence presented warrants accepting or rejecting the claim
- Acc to Blackstone, prosecution was reqd. to prove D had committed a criminal act while defense was reqd. to prove "circumstances of justification, excuse, and alleviation"
: Included "excuses" of mistake or accident, circumstances that today would be thought to disprove mental element of an offense, on which pros. now bears burden of proof
: end of 19th cent., cts began to question whether req. defense to prove such exculpatory claims was compatible with presumption of innocence
2. CHAPTER 1: THE PURPOSES AND LIMITS OF PUNISHMENT
2 views of justification of punishment
A. Utilitarianism
i.
future betterment deterrence (assumes people m