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Are we going to hold somebody criminally liable for an act that is not
volitional and not voluntary?
EXAMPLES:
Someone who is driving a car suddenly had a heart attack and they
hit somebody along the sidewalk. Are they going to be guilty of hitting
somebody?
NO.
A person who has a sleep walking disorder commits murder. Are they
going to be found guilty of the crime?
NO.
OMISSIONS TO ACT
GENERAL RULE:
No duty to action on behalf of a stranger in peril.
EXCEPTIONS:
1. BY LAW
Sometimes, there are duties to act that are prescribed by law.
EXAMPLE:
You have a duty to automatically pay your taxes. If you dont, you
could be held liable for tax evasion.
OMISSIONS TO ACT
2. BY CONTRACT
When you are contracted by duty to come to the aid of another.
EXAMPLE:
A lifeguard in a pool is being paid to rescue and save people. But then
the lifeguard was just sitting there flirting with a cute girl whilst someone
was drowning.
If the victim then drowns, we can hold the lifeguard guilty of involuntary
manslaughter for his failure to fulfill his contract.
OMISSIONS TO ACT
3. BY RELATIONSHIP
Relationships may also impose a duty to act.
EXAMPLES:
Husband and wife have the duty to come to the aid of each other.
Parents and child have the duty to come to the aid of each other.
MENS REA, MENTAL INTENT TO DO THE CRIME
DEFINITION:
A guilty mind.
The defendant knew that what he was doing was wrong.
EXAMPLES:
1. Solicitation, Attempt, Conspiracy
2. Theft Crimes
3. Intent to Kill
4. Heat of Passion Killings
MENS REA, GENERAL INTENT CRIMES
EXAMPLES:
1. Rape
2. Battery
3. Arson
4. Mayhem
5. Depraved Heart Murder
MENS REA, STRICT LIABILITY CRIMES
EXAMPLES:
1. Speeding
2. Parking in front of a fire hydrant
3. Statutory rape
CONCURRENCE, OF ACTUS REUS AND MENS REA
DEFINITION:
Defendant must both have a guilty act and guilty mind at the time he
committed the crime.
CAUSATION
GENERAL RULE:
You only need to go to causation when theres a third party thats involved
or an act of God.
Is the defendant the legal or the proximate cause of the resulting crime or
injury?
CLASSIFICATION OF
CRIMES
FELONIES | MISDEMEANORS | MALUM IN SE CRIMES | MALUM
PROHIBITUM | INFAMOUS CRIMES
FELONIES
DEFINITION:
Crimes that are generally punishable by death, or imprisonment
exceeding one year.
A felony that's punishable by death is considered a capital crime.
EXAMPLES:
Burglary Manslaughter
Rape Murder
Arson Mayhem
Robbery
MISDEMEANORS
DEFINITION:
Offenses lower than felonies, and generally punishable by less than
a year in jail, or a fine.
EXAMPLES:
Petty Offense, i.e. jaywalking Trespassing
EXAMPLES:
Burglary
Robbery
Arson
Manslaughter
Murder
MALUM PROHIBITUM, WRONG BECAUSE PROHIBITED
DEFINITION:
An act that is not inherently immoral, but is expressly forbidden by
positive law.
Crimes that are created by Legislative Statutes.
EXAMPLES:
Selling liquor/cigarettes to a minor
Speeding
Running a stop sign
MALA IN SE VS MALA PROHIBITA
INFAMOUS CRIMES
DEFINITION:
Crime that is shameful, or disgraceful.
Usually involves fraud or dishonesty.
EXAMPLES:
Perjury
Embezzlement
Mail and Securities Fraud
THEORIES OF
CRIMINAL LAW
CLASSICAL THEORY | POSITIVIST THEORY | ECLECTIC OR MIXED
CLASSICAL THEORY, JURISTIC
There is great respect for the human element because the offender
is regarded as socially sick who needs treatment, not punishment.
Crimes are regarded as social phenomena which constrain a
person to do wrong although not of his own volition
ECLECTIC OR MIXED PHILO, GROTIANS
This combines both positivist and classical thinking. Crimes that are
economic and social and nature should be dealt with in a
positivist manner; thus, the law is more compassionate. Heinous
crimes should be dealt with in a classical manner; thus, capital
punishment.
STAGES IN THE COMMISSION
OF THE CRIME
INTENTION TO COMMIT THE CRIME| PREPARATION TO COMMIT CRIME
| ATTEMPT TO COMMMIT THE CRIME | COMMISSION OF THE CRIME
INTENTION TO COMMIT THE CRIME
Guilty mind to commit the crime. Intention to commit a crime is not
punishable unless it is made known to others either by words.
EXAMPLE OF AN ATTEMPT
A, a pick pocket puts his hand in Bs pocket to steal the purse of B
but A does not find any purse in Bs pocket. Is it a crime?
EXAMPLE:
A fired at B with the evil motive to kill B and B died immediately. This is the
crime of murder. This stage is the commission of the crime.
PENALTIES
RECLUSION PERPETUA| RECLUSION TEMPORAL| PRISIN MAYOR |
PRISIN CORRECCIONAL | ARRESTO MAYOR | ARRESTO MENOR
PARTICIPATION OF THE
OFFENDER
PRINCIPALS| ACCOMPLICES| ACCESSORIES
PRINCIPALS
ACCESSORIES
Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or
accomplices, take part subsequent to its commission by:
profiting themselves or assisting the offender to profit by the effects of the crime,
concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery, or
harboring, concealing, or assisting in the escape of the principals of the crime.
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