Crim Law Spring 2009 Outline
I. Method of Crim Intent Law
- How crim law is validated through process
- Characteristics
- Series of command, both positive and negative
- You must do this; prohibited from doing this ex. You must file tax returns; You must not murder.
- Understood as valid expressions of community’s expectations-punishes disobedience
- People must know what it is they are violating
- Violators of crim law exposed to society’s beliefs (shows societal norms)
- Punishment and enforcement
- Sources of Crim Law
- Public Law
- Limited by Const
- 8th amend: Cruel and Unusual Punishment
- Statutes
- Legislators play imp role in determining what laws are/what actions are prohibited
- Statutes are the primary source of crim law
- MPC
- Each state has own penal code, but 34 have adopted MPC in parts
- Written in 1952, completed in 1062
- A substantive restatement of crim law
- Common Law
- Old codes drawn from English common law 1600s
- Judges play more imp role in interpreting statutory language
- Fed gov’t has crim code Title 18: Congress can only write crim laws based on interstate commerce
v. US Constitution
1. Most important source of federal law for both CL and MPC jurisdictions
II. Theories of Punishment
a. Principle
i. Gov’t needs good reason to take someone out of society
ii. It is unacceptable to use force against another human being w/o a good legal reason
iii. Sate should not invade indv freedoms w/o a good legal reason
b. Moral Reasoning
i. Consequentialism
1. Actions are morally right if they result in desirable consequences
2. Utilitarianism: primary theory of punishment
a. Look forward at predictable effects of punishment on offender or society
ii. Non-consequentialism
1. Actions are morally right or wrong in themselves regardless of the consequences
2. Retributivism: primary form of punishment
a. Look backwards at the harm caused by crime and attempt to calibrate the punishment to crime
c. Types of Punishment
- General Deterrence
- Punishment to deter others from committing the same or similar offenses
- Ex. Suite: Gun laws – focuses on deterrent
- Ex. Lorton Central Prison – incarceration is not the best way b/c prisoners depend on the security of the jail
4. Case study disputes each traditional punishment way
- Specific Deterrence
- Punishment to deter the individual Δ from committing the same crime in the future
- Rehabilitation
- Reforming the Δ through vocation training, counseling, drug rehab, etc
- Incapacitation
- Incarceration to keep the Δ away from other members of society
- Retribution
- Giving the Δ what he deserves
III. Standard of Proof
- Π bears the burden to prove it beyond a reasonable doubt
- It would cause a reasonable person to bend or pause
- Δ presumed innocent
- Not mere possible doubt
b. Defenses
i. Case in chief/prima facie case: create a reasonable doubt, poke holes in the Πs case
ii. Admitting basic crime, but arguing for acquittal based on extenuating circumstances (Justification)
iii. Affirmative defense: admit guilt but claims that should be acquitted or excused
IV. Criminal Process
- Judges charges jury, Δ presumed innocent, Π must prove case beyond reasonable doubt
- Π gives opening statement, followed by Δ
- Π gives case-in-cheek – witnesses and any evidence to prove elements of prima facie crime
- After prosecution rests, Δ has right to move for directed verdict (not always granted)
- If not granted, Δ gives their case (not required)
- If Δ does put on case, Π can rebuttal
- Closing arguments by both parties
- Jury Verdict
- Standard of Review
1. Δ may move for a directed verdict of acquittal, in which the judge directs the jury to acquit for lack of evidence
a. If Δ is convicted, may appeal the conviction to higher ct for review of sufficiency of evidence
b. Trial/appellate judge do not apply reasonable doubt, instead use the Standard of Review
c. On motion for directed verdict, trial judge asks whether the prosecution has introduced sufficient evidence such that a rational jury COULD decide that the prosecution has proved its case beyond a reasonable doubt
d. When evidence is ambiguous, appellate ct reviewing a conviction will give the prosecution, not the Δ, the benefit of the doubt
- If prosecution hasn’t met burden, judge can give granted verdict though eyes of what the jury would have found
- Appellate court standard of review: if rational jury can prove that Π has proved it beyond a reasonable doubt
- If judge can’t say that prosecution has met the burden: becomes a question for the jury
- Role of the Jury
- People v. Williams: rape case where judge excused a jury member because he wanted to exercise his right to nullify the verdict
- Slippery slope argument.
- Jury has right to determine the law and the facts in all crim cases
4. 6th Amendment guarantees that in all crim prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury
5. Judge gives jury instructions, but jury is not obligated to follow the law
a. Judge cannot punish or overturn jury’s not guilty verdict
6. Jury Nullification in History
a. Definition
i. Act of returning a verdict contrary to law
- Trial of Edward Bushnell – Eng.1670
- Power to decide both facts and law
- Common law case of nullification
- Judge directed jury to find him guilty, jurors refused and found him not guilty. Judge was going to fine jury to punish them
- Bushnell refused to pay the fine
- Ct of common pleas: jury cannot be punished for any of its verdicts
- Zenger’s publication (American)
- Zenger published a weekly newspaper
- Prosecuted for libel – argued defense of facts
- Truth not a defense for libel, no freedom of press
- Judge told jury they must find him guilty, 10 min of deliberation, jury finds him not guilty
d. Race Based Nullification (Butler)
- Solutions
- Liberal Critique
- Crim justice system is racist
- Community organizing initiatives are imp
- Radical
- Have black jurors nullify non-violent criminals (like drug possession crimes) to offset the trend
- Black jurors presume in non violent cases that verdict should be nullified regardless of the evidence to get rid of social injustices
- Voting power doesn’t work
ii. Rebuttal (Leipold)
- Realizes there is a problem, but telling AfAm to ignore the law would be an injustice
- Why it won’t work
- Most potential AFAm juries will be rejected for jurors, prosecutions would take them out
- It is unlawful for counsel to use race to disqualify jury – have to find a race neutral argument
- In order to make an informed and correct decision, jurors need more info but usually don’t get that during trial
- Δs contribution, previous record, potential sentences
- Δ doesn’t have to testify, so to nullify the jury,
- Slippery slope argument: if juries start learning of power to nullify, what if (ex) jurors start considering rape victims: woman was asking for it by wearing a short skirt and acquits the Δ. There are unintended consequences for nullification
V. Limits on power to punish
- Constitutional restraints
- Amend 8. Cruel and Unusual punishment
- Equal Protection clause
- Federalism and the Supremacy Clause
- States have power to regulate own people, but b/c of supremacy clause, federal system limits state powers
- Commerce Clause
- The Void-for-vagueness doctrine
- What is it?
- Legal fiction when applied to individual or accused
- It is a const check on actors in crim justice system
- Fetters discretion on law enforcement officials
- Due Process clause
- What kind of conduct in crim statute is prohibited
- Limits unfettered police discretion; jury’s discretion to convict indv that jury may not like
- Vague statutes are said to deny DP, so unconst
- Papchristous v. City of Jacksonville
- Courts concerned with the unfettered discretion of police officers against poor and minorities
- Police can stop anyone on mere suspicion that mischief is afoot
- Probable cause: police need probable cause to arrest or search and seize
- Terry standard: reasonable suspicion falls below prob cause; in order for police to stop and question someone, police officers need some reasonable suspicion, articulated suspicion NOT just a hunch.
- Kolender v. Laweson
- Challenge to penal statute that says need credible and reliable ID-vague
- Police need to have reasonable suspicion under Terry to stop someone
- Must have notice of statute/penal code to know what would constitute actions that violate the statute
- City of Chicago v. Morales
- Overbroad statute: officers have right to remove anyone, if they disobey, get fined and have jail time
- People need to give up liberty for the safety of others
- Distinguished from Papchristous: reason for statute is directed at gangs and resulted from a different democratic process – communities were affected
- The Act Requirement
- Result from 5 doctrines
- Thought crimes
- Notion that person should not be convicted solely b/c of their thoughts but rather done something that created harm
- Situational offenses
- Cannot have been compelled by the gov’t
- Voluntary vs. Involuntary acts
- Act must have been voluntary – involves some type of choice
- Omission
- No criminal liability for failure to act, unless person who failed to act had a legal duty to do so
- Status crimes are unconstitutional
- Being who you are vs. doing something cannot be punished
- Only doctrine in the Const
- Basic element to any crime (serve as expression for what society thinks is just)
- Actus reus
- Prohibited act that results in some kind of social harm
- Principle that crim law only reaches voluntary acts, or omissions to act when there is a legal duty to do so
- Society needs someone to be culpable for their acts
- People should be punished for bad choices, not simply from acts that cause harm –
- MPC §2.01- actus reus requirement
- Set s out list of involuntary acts
- Possession is an act
- Liability for commission of an offense may not be based on an omission unless…
- Omission is expressly sufficient by law defining offense
- A duty to perform the omitted act is otherwise imposed by law
- General rule; indv have no duty to act. Crim liability can’t be based on omissions – must be based on social harm
- Contractual duties, statutory duties
- Thought-Act Continuum
- Guilty state of mind is required – can’t be just mere fantasy
- Cant punish thought crimes
- 1st amend: freedom of speech, can’t be touched for thoughts or beliefs you have – no proof of thoughts
- Dalton: wrote pedophiliac journals; must have actus reus to complete social crime and be punished for it
- Wisconsin v. Mitchell: ct applies sentencing enhancement to people who intentionally select victim b/c of race, religion, etc. – incited others to complete social harm of his thoughts
- Martin v. state : Martin drunk at home police force him into public to arrest him for drunkenson – If a 3rd party forces/threats of force to make Δ do some prohibited action, Cts won’t punish them
- State v Decina: at must be voluntary – volitional: movement of body b/c of thought – actor could have chosen NOT to do the act (driving with seizure)
- Causation
- Chain that links Δs acts with the social harm
- Concurrence b/w the prohibited act and the prohibited mental state
1. Requires that actus reus and mens rea be concurrent
- Acts and omissions/Legal Duty to Act
- Establishing Duty to Act
- Beardsley: legal duty to act (only if there is a special relationship) – generally no duty to act
- Howard: Involuntary manslaughter when a direct result doing of an unlawful act is reckless or grossly negligent manner, or doing of lawful act in reckless of grossly neg manner causes the death of another person; even though law requires an act, an omission can satisfy that act requirement
- Culpability of continuing failure to act
- Parent-Child relationship
- Must be reckless or grossly neg- society would impose this on a reasonable mother (ex) – mother may not have to risk own life for a child
- Pestinikas
- Liability to Act/omission
- Where express language of law defining offense provides for crim liability for omissions
- Where law otherwise imposes duty to act
- Contractual obligation
- Failure to act according to K can be criminal if other factors satisfied
- Good Samaritan Laws : aid for civil liability
- Status Crimes
- 8th and 14th Amendment
- People only punished for conduct not what kind of person they are
v. Mens rea
1. Definition
- A guilty mind
- A prohibited mental state
- Mental state on its own cannot be punished- must have action
- Broad – morally culpable state of mind; Δ guilty if he has a bad state of mind; state of mind not tied to intent; no distinction b/c intentional and negligent acts
- Narrower- Δ won’t be guilty of an offense w/ prosecutor if not able to prove mens rea stated in definition of defense
- Regina v. Cunningham
- Unlawfully and maliciously administer – taking of gas meter
- Malicious is NOT wicked morally; legally it means that it is either the actual intention to do the harm, or recklessness as to whether or not harm caused by act would occur
- Common law approach
- Elements
- Felonious intent
- Crim intent
- Malice aforethought
- Guilty knowledge
- Fraudulent intent
- Willfulness
- Recklessness
- Scienter
- Traditional common law
- Mens rea definitions were really imprecise – as we move further down the line and progress in history, goal was to provide precise definitions of the different mens rea terms. Appellate ct in Cunningham takes middle of the road approach and reflects temporary common law approach
- Must have actual intent to cause the harm and recklessness (2 types of intent)
- Whoever shall purposely, knowing, or recklessly administer X act
4. MPC approach
a. Purpose
- Conscious object to engage in conduct
- Element involves nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result
- Δ is aware of existence of such circumstances
- How to establish?
- If Δ confesses – conscious object to do the crime (kill someone) Person wants to kill someone on the bus. Cannot be purposely responsible for other passengers that die. Did not consciously desire that other bus passengers should be injured.
- Proving Intent
- MPC definitions
- Conscious object that Δ consciously desires to achieve a result
- Purposely and knowingly
- Common law
- Knowledge to a virtual certainty
- State v. Fugate: intent of accused person dwells in his mind; Can’t be proved by direct testimony of 3rd person; may be inferred through natural and probable consequences through Δs acts
- Virginia v. Black: KKK rally – falls outside prescription outlined in RAB
- Ex. Yermian
- Material element of an offense: element that does not relate exclusively to the statute of limitation, juris, venue, or to any other matter similarly unconnected w/ the harm or evil, incident to conduct, sought to be prevented by law defining the defense
- Ex. Holloway v. US
- Carjacking w/ intent to cause death or bodily harm is a crime
- Conditional intent is part of intent; unless condition negatives the harm or evil sought to be prevented by the law defining the offense
- Transferred Intent Doctrine
- Concept: intent to do one things can’t be substituted for intent to do another
- Can be held liable for intentionally doing another crime even if that person was in fact not an intended victim
- People v. Scott
- “bad aim” scenario – in park
- General v. Specific Intent
- People v. Atkins: burning canyons: specific: what the actor was actually thinking or planning at the time of event; general: vaguer, burden of proof on prosecution lower, prove that Δ wanted to do the act
- MPC doesn’t recognize different
- Gen: prosecutor has to prove that Δ did the underlying act – when crime required mens rea only as an intent to do the act that causes harm
- Δ wanted to do the crime but didn’t have intent to do further act or consequence
- Spec: Δ had specific intent to achieve the result- crime when required mens rea entails an intent to cause the resulting harm
- Δ had intent to do some further act or consequence
- MPC 2.03
b. Knowledge