CRIM LAW OUTLINE

PUNISHMENT CONSEQUENTIALISTS Looking to remedy or prevent future harm, predict consequences, emphasize society
Deterrence-Rules of proportion, rational actor model, certainty v. severity Reform/Rehab Paternalistic, Terror ->Liberalism ->Rehab Incapacitation Benefits, selective incapacitation

RETRIBUTIVISTS Social functions/mixed theory

Punishment is just in and of itself; doesnt have to look to societal good. The key is the relationship to offense and not to society. Retribution: (pg 89 case law bk) Punishment imposed as repayment or revenge for the offense committed; requital. Cf. deterrence; rehabilitation (2) Something justly deserved; repayment; reward. lex talionis:(The law of retaliation/retribution theory, under which punishment should be in kind an eye for an eye, a tooth for a tooth, and so on but no more. Also termed eye for an eye; jus talionis; principle of retribution. Deterrence: The act or process of discouraging certain behavior, particularly by fear; esp., as a goal of criminal law, the prevention of criminal behavior by fear of punishment. (making an example out of people) Implement: Risk of conviction and severity of punishment Theory of Deterrence? General A goal of criminal law generally, or of a specific conviction and sentence, to discourage people from committing crimes. Is it fair to punish someone in order to deter others? Specific A goal of a specific conviction and sentence to dissuade the offender from committing crimes in the future. EX: Making someone stand on corner with sign I drive drunk as punishment for DUI

Rehabilitation/Reform/Correction: The process of seeking to improve a criminal's character and outlook so that he or she can function in society without committing other crimes <rehabilitation is a traditional theory of criminal punishment, along with deterrence and retribution> (1) Human behavior is caused by society, (2) causes of bad behavior need to be identified so that (3) therapeutic measures can be employed.

Theory of Rehabilitation? Logic? Advantages: Correction of behavior w/o punishment Disadvantages: No data; Injustice; Doesnt deal with future law breakers; Violates responsibility Incapacitation: 1. The action of disabling or depriving of legal capacity. 2. The state of being disabled or lacking legal capacity Recidivist: One whos convicted of multiple criminal offenses usually similar in nature; a repeat offender 5th (federal) and 14th (state) Amendment: DUE PROCESS CLAUSE Requires prosecutor in criminal trial to persuade the fact finder beyond a reasonable doubt of every fact necessary to constitute a crime.

Exclusionary Rule: 1. Evidence. Any rule that excludes or suppresses evidence. 2. Criminal procedure. A rule that excludes or suppresses evidence obtained in violation of an accused person's constitutional rights <in accordance with the exclusionary rule, the court did not admit the drugs into evidence because they had been obtained during a warrantless search of the defendant's home>. ACTUS REUS: (CLASS) 1. STARTING THE ANALYSIS Definition of Offense Statutes Case Law Common Law Isolate Definition: Prosecutors Prima Facie Case Actus Reus (conduct) Mens Rea (intent) Required Elements of Causation 2. ACTUS REUS COMMON LAW Elements of Actus Reus: A) Act: (1) Affirmative act described in the definition of the offense. (2) All of the conduct, circumstances and results required by that definition. Ex: Burglary - The breaking and entering (act/conduct) of dwelling of another (circumstance) in the night time with intent to commit felony (no results; an example of one w/results would be batterythere has to be bodily harm, which is the result) Ex: Larceny The trespassory taking and carrying away (act/conduct) of the personal property of another (circumstance) with intent to steal the same B) Omission: (1) IF the definition of a crime explicitly punishes an omission.

Ex: Failure to register for draft or failure to file taxes (2) Where the definition specifies a result that must occur: Where the definition does not describe specific affirmative conduct that must cause the result: and Where there is a legal duty to act and it is possible for the defendant physically to perform the act. Ex: Homicide- The killing of ahuman being by another human being. (3) Sources of Legal Duty to Act Relationship: Parent-Child; Doctor-Patient Statute: Good Samaritan Statutes Contract: Life Guard; Practical Nurse Voluntary Assistance: Care for the Elderly A Moral Duty is NOT Sufficient

C) Possession: When the definition of the offense so specifies Ex: Burglar tools or narcotics possession (act by omission) FROM BOOK: A crime must be voluntarily performed. Voluntary In general, when a person acts under duress r b/c of mental disorder,i t can be said that they acted involuntarily b/c actor was faced with a hard or irrational decision. If a human being, not just an organ a part of the human being, that causes the bodily action. Not involuntary, if unaware of actions i.e. automatically lighting a cig; law sees habitual acts as voluntary. Voluntary act is an element of criminal offense not a defense to it. In context, actus reus involves use of human mind; involuntary acts involves use of human brain, w/o aid of mind.

3. The Actus Reus MODEL PENAL CODE Definition of Offense: MPC 1.05 (1) No conduct constitutes an offense unless it is a crime or violation under this Code or another statute of the State. (2) The provisions of Part I of the Code are applicable to offenses defined by other statutes, unless the Code otherwise provides. (3) This Section doesnt affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or civil judgment or decree. Requirement of voluntary act, omission as basis of liability; Possession as an act: MPC 2.01:

(1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. (2) The following are not voluntary acts within the meaning of this Section: a. A reflex or convulsion; b. A bodily movement during unconsciousness or sleep; c. Conduct during hypnosis or resulting from hypnotic suggestion; d. A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. (3) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: a. The omission is expressly made sufficient by the law defining the offense; or b. A duty to perform the omitted act is otherwise imposed by law (4) Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession. General Crim Law Definitions: MPC 1.13 Elements: Act: (1) Affirmative act described in definition of offense. (2) All of the conduct, circumstances and results required by that definition. Omission: