i. Types of Crimes
- Category
- Malum in se (bad in itself) – generally, CL crime
- Malum prohibitum (bad b/c we prohibit it) – generally, statutory
- Severity
- Felony (> 1 year)
- Misd. (<1 year)
- Regulatory Infractions (traffic tickets, etc)
- Jurisdiction (federal, state, local, etc)
ii. Theories on Punishment
- Deterrence
- General (societal): risk v. reward
- Specific (Individual): Inhibit behavior in a person
- Incapacitation (immobilize/neutralize)
- Rehabilitation (make better, improve, heal)
- Retributive Justice (suffer in return)
iii. Burdens of Proof (BoP)
- Reasonable Suspicion (to investigate)
- Probable Cause (to charge)
- Preponderance of the Evidence (CIVIL BoP)
- Beyond Reasonable Doubt (BrD)
- Jackson v. Va test: “rational trier of fact (juror) could have found the essential elements of the crime beyond a reasonable doubt (sufficiency of the evidence)
- In re Winshop: upheld Due Process – no person…shall be deprived of life, liberty, or property w/out due process of the law
- Blackstone’s Formulation: It is better that 10 guilty person roam free than 1 innocent person imprisoned
b. Elements of a Crime i. Identification – government must prove BrD that Δ & Perp. Are the same person
- Direct Evidence – fingerprints, photographs/camera footage, DNA
- Circumstantial – Various circumstances/evidence that doesn’t directly implicate but, when taken together, could prove BrD that this was the person
ii. Actus Reus – the act that we are punishing => necessary, “cannot convict on guilty mind alone”
- Voluntary (must be)
- Act
- Possession
- Actual – Δ physically possesses the/an item
- Constructive
- Exclusive - Δ knowingly holds the power and ability to exercise dominion and control over something
- Shared – Government must establish ‘nexus’ between Δ and item and show knowledge and access required to exercise dominion and control
- Proximity alone cannot establish knowledge in joint occupied nor dominion and control
- May be established through direct or circumstantial evidence (more than proximity though proximity can be used as long as there is more)
- Omission – failing to meet a legal duty to act
- Statute imposes duty to care for another
- One stands in certain status relationship (parent & child)
- One has assumed contractual duty to care for another
- One has voluntarily assumed the care of another and secluded the helpless person from others/other forms of aid
- Involuntary (doesn’t count for actus reus)
- Reflex or convulsion
- Bodily movement while unconscious or asleep
- Conduct during hypnosis or resulting from hypnotic suggestion
- Bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual
- Status is not an action (having STD, addiction to alcohol, etc) and cannot be criminalized
iii. Mens rea – guilty mind
- Culpability (broad meaning): morally blameworthy mindset
- Elemental (narrow meaning): particular mental state by the statute
- Knowingly
- Actual Knowledge: has the knowledge
- Deliberate Ignorance: chose to avoid knowledge/verification
- Ostrich Instruction
- Δ claims no knowledge
- Evidence in record of deliberate ignorance
- Intentionally – acting w/ conscious object
- Types
- General Intent: intending the action
- Specific Intent: intending the outcome
- Transferred intent – intent can transfer person-person or property-property
- Ex) shoot at dog but kill neighbor = no transfer
- Ex2) shoot at neighbor and kill their wife = transfer
- Willfully
- Recklessly (gross deviation of reasonable behavior of reasonable person)
- Consciously disregard
- Substantial
- Unjustifiable risk
- Leading to cause of death/injury of another
- Negligently – same as reckless but w/o awareness (conscious disregard)
iv. Jurisdiction – requires a ‘federal nexus’ of constitutional authority b/c of limited police power
- Jurisdiction: power of the court to hear a case (adjudicate)
- Venue: place w/in jurisdiction you’re located (place where judicial authority should be exercised). Every case requires proof (gov must make) that venue is proper.
v. Causation – important for “results crimes”
- Types
- “But For” Causation: start here. This is where you determine what, if any, actions Δ took that either caused or accelerated the results crime.
- Proximate Cause: when you find “but for” cause, now determine if this can be held ‘legally responsible’. (choosing the “but for” cause is the one) “fairness”
- Direct Causation – act or omission → result/harm
- Indirect Causation – act or omission → intervening causes → result/harm
- Intervening causes are separate ‘but for’ causes that happen after Δ voluntary act
- Intervening superseding causes – break causal chain between Δ act and result – key factor: FORSEEABILITY
- Responsive/Dependent Event: generally forseeable & doesn’t sever causal connection
- Coincidental/Independent Intervening Event: generally unforeseeable & severs the causal chain
- Concurrent sufficient causes do not outweigh or destroy one another. They simply hold that both parties equally responsible b/c indeterminable exactly who killed someone/it was at exact same time
vi. Concurrence – actus reus and mens rea must happen simultaneously in order to find crime. Can’t intend to kill someone and then not do it and then later accidentally/otherwise kill them
c. Crimes i. Causing death – contain the following elements: act, causation, death, and…
- What is Death/Life?
- Life: CL: “Born Alive” Rule = in order to qualify as homicide one must be born alive (if the baby cries at birth then it is universally considered alive)
- Death
- CL
- Dead = at the cardiopulmonary cessation (i.e. no breath or pulse)
- Chargeable up to a ‘year and a day’ from the cause of death
- Modern
- Dead = full brain activity + cardiopulmonary cessation
- As long as Gov can show “but for” + prox. Cause they can continue to charge
- Murder – + malice aforethought
- 1st degree
- Premeditation (intent to kill)
- Planning or deliberation
- “some appreciable amount of time” → can be as quick as a thought
- Intent to commit serious bodily injury to child
- Felony-murder (in commission of following felonies & any others listed in statute)
- Applicable Felonies
- Burglary
- Arson
- Robbery
- Rape
- Kidnapping
- Approaches
- Broad/Prox. Cause Approach: any death during felony qualifies
- Narrow/Agency Approach: caused by Δ or Δ conduct
- 2nd degree
- Serious bodily injury to anyone else
- Depraved heart – disregard for human life
- Manslaughter – no malice aforethought
- Voluntary manslaughter
- ‘heat of passion’ or ‘sudden quarrel’
- Require adequate provocation – almost always needs more than words
- No time in between – must be almost immediate (if not immediate)
- Intentional (meant to commit the act in general, not planned it)
- Involuntary manslaughter
- Unintentional
- Killing of another person while:
- Committing misdemeanor
- Commission of lawful act w/out due caution
- Commission of lawful act in unlawful manner
- Criminal Negligence: gross deviation from standard of care
- Extent of risk v. extent of awareness = test between Crim. Neg. and Depraved Heart.