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Criminal Law Pod Go R

This document outlines key concepts in criminal law. It discusses how criminal law differs from civil law in its focus on moral condemnation and punishment. It also covers important rights like the right to a jury trial. The document then examines theories of punishment like utilitarianism and retribution. It discusses how legislatures make criminal laws and the principles of legality and proportionality. Finally, it analyzes elements of crimes like the requirement of a voluntary act for the actus reus.

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superxl2009
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38 views

Criminal Law Pod Go R

This document outlines key concepts in criminal law. It discusses how criminal law differs from civil law in its focus on moral condemnation and punishment. It also covers important rights like the right to a jury trial. The document then examines theories of punishment like utilitarianism and retribution. It discusses how legislatures make criminal laws and the principles of legality and proportionality. Finally, it analyzes elements of crimes like the requirement of a voluntary act for the actus reus.

Uploaded by

superxl2009
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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Criminal Law Outline

I. Introduction/Overview
A. Criminal Law differs from civil law in that it reflects societys response - moral condemnation
B. The
th
Amendment !uarantees the ri!ht to a "ury trial made up of his peers
C. There is an on-!oin! de#ate a#out the ri!ht of a "ury to nullify a verdict$ the !eneral rule is that althou!h the "ury has the
option to nullify$ it is not necessary to include that option in the "ury char!es #/c it should not #e encoura!ed or
advertised
%. &es - #/c "ury represents the consciousness of the community$ they can overturn laws they do not approve of
'. (o - allows inconsistencies in the law$ society can only e)ist if we follow the law
A. Criminal law also differs from civil law #/c it punishes those found !uilty. *unishment - when an a!ent of the !ovt+
pursuant to authority !ranted to the a!ent #y virtue of ,s criminal conviction+ intentionally inflicts pain on , or
otherwise causes , to suffer conse-uence that is ordinarily considered to #e unpleasant
%. Two theories of *unishment.
a. /tilitarianism - actions are a means to !ood ends$ actions are morally ri!ht only if they reach a desira#le
conse-uence$ loo0 to what is #est for society as a whole
1%2 punishment is "ustified if it is e)pected to reduce the pain of crime that would otherwise occur
1'2 loo0s forward
132 !eneral deterrence$ specific deterrence$ reha#ilitation 1reform2
#. ,eontolo!y - focuses on actions as an ends in themselves$ loo0 to the action itself to determine if it is morally
ri!ht+ re!ardless of their ultimate f) on others
1%2 punishment is "ustified when it is deserved$ re!ardless of whether or not it will result in a reduction of
crime
1'2 loo0s #ac0wards
132 retri#ution+ victim vindication
c. 4easons for punishment
1%2 ,eterrence 1future2
1a2 specific - want to deter individual on trial$ specific person
1#2 !eneral - want to deter society from committin! the crime
i2 incapacitation - imprisonment prevents another crime
ii2 upon release - intimidation and remem#ers prision
1'2 4etri#ution 1past2 - loo0s to % person - the defendant+ not society$
1a2 it is ri!ht for society to hurt , #ac0 #/c he hurt society
1#2 punishment secures a moral #alance in society- , owes a de#t to society for #rea0in! rules
1c2 victim vindication - a way to ri!ht a wron!$ it reaffirms victims worth as a human #ein!
132 4eha#ilitation/reform 1future2 - include psychiatric therapy+ lo#otomy+ or academic or vocational trainin!
B. The le!islature is the pre-eminent lawma0in! #ody in the realm of criminal law - statutes
%. All criminal statutes are open to statutory interpretation - when there is an undefined term in a statute it is presumed
to have its common law meanin!
'. Today+ many 5 loo0 to the 6odel *enal Code for !uidance+ su!!estions+ etc.
C. Le!ality - ensures that 7no crime w/o law+ no punishment w/o law8
%. A person may not #e punished unless her conduct was defined as criminal #9 she acted
,. *roportionality of *unishment
%. :
th
Amendment prohi#its the infliction of 7cruel and unusual punishment8 and the punishment can not #e !rossly
disproportional to the crime committed
'. ;*. man sentenced to prison for multiple rapes+ escaped and raped an adult women
3. 4*. <upreme Ct held that death penalty was not a proportional punishment #/c %. death was a socially unaccepta#le
punishment for rape and '. the harm caused #y rape is not "ustified with the penalty of death #/c victim still alive
9. ;*. , sentenced to life imprisonment w/o parole after his =
th
conviction for passin! a fraudulent chec0
>. 4*. Ct held that the 3 pron! test previously est to determine proportionality 1%. !ravity of the offense compared to
severity of penalty '. penalties imposed w/in 5 for similar offenses 3. penalties imposed in other 5 for similar
offenses2 is not necessary althou!h the first pron! 1!ravity2 is a via#le test
. Can use 4 ar!ument in death penalty cases+ #ut for non-death penalty cases+ its less li0ely that 4 is valid tool
?. Constitutional Ar!uments to Consider
%. Is statute unconstitutional@
a. va!ue - #reath of statute allows different results
1%2 loo0 at te)t of statute
1'2 loo0 at le!islative history
132 "udicial precedent
#. over #road - covers criminal acts and innocent and non-criminal conduct
1%2 4ule of Lenity - if statute has ' meanin!s - !o w/ one in favor of ,
'. ?) post facto - law is not retro active$ must e)ist #9 the crime committed
3. Aiolation of :
th
Amendment
9. Bill of Attainder - when le!islature convicts , of crime w/o trial or conviction 1if you commit homicide+ you are
!uilty and must !o to prison -automatic2
I. Actus 4eus - the physical part of the crime$ the conduct B physical result
,. Aoluntary Act
%. ?ven if statute does not say 7voluntary act8 must read into every statute a voluntary act
'. 6ust have a voluntary act
3. C/O a voluntary act+ specific nor !eneral deterrence 1or any form of punishment2 wor0s
9. ;*. D raised his arm $ &s arm went up
>. 4*. D committed a voluntary act$ & could have #een refle)+ wind+ E !ra##ed it+ etc
. ;*. D considered #rea0in! into the house and told & a#out his plan
=. 4*. 6ere thou!hts do not e-ual voluntary act #ut words can 1depends2
:. ;*. D was drun0 in his home+ cops too0 him to a pu#lic place and char!ed him w/ manifestin! a drun0en condition
in a pu#lic place
F. 4*. 6ust have voluntary acts for each aspect or element of the crime
%G. ;*. D has a spasm or a learned reaction that causes him to sta# his son
%%. 4*. If the , did not act as a willed movement or have an e)ercise of the will #ut had a spasm or a learned reaction
then , did not meet actus reus$ #ut not a complete defense if , induced his wea0ened state of mind w/ dru!s and/or
alcohol
?.

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