Law Outlines Criminal Outlines
Criminal outline lays out complex criminal law in easy-to-understand format. This outline is color coded, so that MPC sections and case law is easy to find on your exam day. Outline subjects include: basics, elements of culpability, homicide, rape, inchoate crimes, aiding and abetting, conspiracy, and defenses. There is a Model Penal Code key, a case guide key (with brief, one line descriptions of relevant cases), a short attack outline, and an outline for bar exam preparation (MBE & UBE). This p...
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Elements of Culpability
Statutory Interpretation
Steps
Plain meaning, dictionary
Intrinsic aid (comes from within same statutory scheme)
Extrinsic aid (comes from another jurisdiction or area of law)
Legislative intent
When there is a common law term, use common law meaning (absent a statutory definition to the contrary)
Textualists argue key factor is: notice
Rule of Lenity: resolve ambiguities in favor of the defendant
Ingredients of culpability
Actus Reas
Mens Rea
Causation
Attendant Circumstances: background fact that is crucial for determining whether that conduct is harmful.
Actus Reas (guilty act)
Thought Crimes?
It’s a federal crime to cross state lines with “intent” to break the law
Others = intent to distribute, conspiracy plans, threats
Typically we only punish affirmative acts (must be voluntary)
Possession is an act (usually requires awareness)
MPC 2.01
(1) A person is not guilty of an offense unless his liability is based on conduct that 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.
Omissions
Critical Questions
Who should have to act?
At what point should they be required to act?
How much should they be required to do?
MPC 2.01
(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, w/in the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof fora sufficient period to have been able to terminate his possession.”
Child Abuse
“caused, by being in some manner accountable for, by act of commission or omission, abuse to the child in the form of (a) physical injury or injuries sustained by the child as the result of (i) cruel or inhumane treatment, or (ii) malicious act or acts by such person.”
Duty to Rescue
No general duty to rescue (“American bystander rule”), but failure to act can be punished when
legal duty to act created by offense itself; or
duty “otherwise imposed by law”
“Otherwise imposed” generally includes:
Defined by relationship
Defined by explicit statutory duty
Defined by contractual duty
Defined by actor’s creation of peril
Seclusion & prevention of receiving other aid
Cause the harm that imperils
Can have one mental state re: initial act and one mental state re: omission
State v. Kuntz (2000) – Defendant stabs live-in boyfriend during physical altercation and fails to call for medical help.
Living together for 6 years = same personal relationship (one of mutual reliance) as spouse
Held: when a person justifiably uses force to fend off an aggressor, that person has no duty to assist her aggressor in any manner that may conceivably create the risk of bodily injury or death to herself, or other persons.
D has but one duty after fending off her attacker – to herself
Once V is safe, duty may be revived: it must be shown that 1) the person had knowledge of the facts indicating a duty to act; and 2) the person was physically capable of performing the act.
Jones v. United States (1962) – 10 month old baby dies from abuse coming from emotionally unstable mother. Both lived with Shirley Green, who had no familial relation.
Held: Ommission only punishable where legal duty is neglected, not moral obligation neglected.
Pope v. State (1979) – pg 194 – Defendant takes in crazy mother who, believing she is possessed by God, beats 3-month old to death. Defendant does not step in. State: she created a duty by acting as a parent.
Held: no duty
Mental illness of mother irrelevant – places too big a burden on society to require citizens to take on duty after determining, by themselves, that mother is unfit.
If safeguard desired, legislature must create it.
Mens Rea
The choice of mens rea is directly related to deate over purposes of criminalization
MPC isn’t perfect, but is a helpful default guide
Need at least criminal negligence for material elements of crimes
If no MR recklessness
If one MR apply to all unless contrary purpose
Morissette v. US (1952): “Crime is generally constituted only from concurrence of an evil-meaning mind with an evil-doing hand.”
Legislator: determines level of mens rea necessary to effectuate the purpose of the statute.
If you want to be strict on statutory rape, allow for a lenient MR to lead to conviction
If more worried about moral blameworthiness rather than social utility, then only punish the conduct which is intentional
Punishment goal dictates MR you insert into statute
Each different level of MR carries different levels of harm to society
How to determine ambiguous MR:
Nature of offense
Conventional common-law or new?
How widespread is the harm? (societal/individual)
Type of conduct (inherently dangerous? Obvious that it might be subject to regulation? More individual?)
Regina v. Cunningham (1957) – pg 214 – appellant causes asyphixiation of mother in law after ripping of gas pipe in apt. complex to steal its money. Statute requires “malicious administering/causing poison upon another person.”
Held: Malice does not require wickedness. Malice is “intention to do a particular kind of harm or recklessness as to whether such harm should occur or not.”
Foreseeable consequence of actions is sufficient to constitute maliciousness.
MPC 1.13
(9) "element of an offense" means (i) such conduct or (ii) such attendant circumstances or (iii) such...
Buy the full version of these notes or essay plans and more in our Criminal Outlines.
Criminal outline lays out complex criminal law in easy-to-understand format. This outline is color coded, so that MPC sections and case law is easy to find on your exam day. Outline subjects include: basics, elements of culpability, homicide, rape, inchoate crimes, aiding and abetting, conspiracy, and defenses. There is a Model Penal Code key, a case guide key (with brief, one line descriptions of relevant cases), a short attack outline, and an outline for bar exam preparation (MBE & UBE). This p...
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