Law Outlines Criminal Law Outlines
This outline covers a criminal law course taught by John C. Jeffries, co-author of the University Casebook Series textbook on Criminal Law. The outline details a wide range of topics within criminal law including common law and MPC treatment of mens rea and actus rea, theoretical principles behind crime and punishment, and the the laws of attempt, conspiracy/complicity, RICO, sexual offenses, justification and excuse, and the insanity defense. Each of the two contributed to this outline received ...
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Criminal Law
University of Virginia School of Law
Short Attack Outline
Attempt:
MPC | |||
---|---|---|---|
Attempt | Conduct | Circumstance | Result |
Purpose or Knowledge | Purpose | Same as underlying crime (at a minimum) | Same as Underlying Crime (minority/rule in Colorado - Thomas) or Purpose (majority/rule in Virginia - Thacker/MPC 5.01) |
Common Law:
Tests:
Proximity Tests
Dangerous Proximity Test – Ex Post, what’s left to do
Test: reasonably likely the crime would have been completed if no unforeseen circumstances
See People v. Harper ATM (discourages early police action)
Indispensable Element Test
Test: has the actor passed a certain boundary by completing an essential element of the crime (e.g. control over what they need to complete crime)
Other:
Res Ipsa Loquitur: the act alone shows criminal intent on it’s face (higher standard than the MPC, see Salmond in Barker)
Overt Act Test: there must be an overt act that is unequivocal and unambiguous in nature that is referable to the commission of the crime (i.e. the crime corroborates the intent, see Bowen and Rouse)
Mens Rea for Results:
You must have specific intent for all of the crime
You must have specific intent/purpose for the attempt conduct
Thacker v. Commonwealth: Majority (MPC rule)
Requires the mens rea that would apply if crime was completed
People v. Thomas: Minority
Requires only knowing mens rea for results, then butchers mens rea in order to allow reckless manslaughter (think specific intent)
Grading: some jurisdictions grade down for felonies, some treat as the same as the target offense
MPC § 5.01 “Substantial Step” test – ex ante (also used by some common law, Bowen & Rouse)
§ 5.01(2): the conduct must be strongly corroborative of criminal purpose (see examples)
§ 5.01(1):
(a) Impossibility: look to what the actor believed, not the actual circumstances
see also 2.04(1)
(b) Results Elements: requires purpose mens rea
§ 5.05(1) graded the same as the underlying crime except for 1st D felonies, down to 2nd
Abandonment/Revocation: analyze after you have determined that there was an attempt
§ 5.01(4): Abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose
Common Law: (Ross v. Mississippi) must be done through actor’s own volition or verbal request of victim but without physical resistance/external intervention
Solicitation:
Common Law: hard, statutory now, requires application of the same tests
See Adami (mere preparation) and Decker (requires acts showing purpose) for views on police solicitation of criminal conduct, especially policy concerns
MPC 5.02: commands, encourages, or requests someone – if completed it’s accomplice 2.06
See outline for Impossibility
Complicity: Accomplice Liability
Common law:
Principals and Accomplices: Treated both as principles
Obstruction: for those that aid after
Obstruction of Justice:
Aiding/hindering after
Actus Reus: Must aid/accomplish one element of the crime
Mere solicitation is not enough (see McGee)
Can be by an Omission (see Walden)
Mere presence is not enough (see Creek and Vailancourt for the line)
Mens Rea:
Stake in the Venture/Peoni Test
Must have acts and purpose to further one element, knowledge for the rest
See Rosemond: purpose to forward one element of the crime (not the whole crime, e.g. firearm)
Substantial Aid with Knowledge Test
Providing substantial aid with knowledge that it will assist in the commission of the object offense
Doctrine of Natural and Probably Consequences: (minority position) – see Chiu
Extends liability from commission of the target offense to non-target offenses committed by others when the crime was reasonably foreseeable during the course of committing the target offense
Applied by some states to complicity, most to conspiracy
Exception – Murder: can only be held liable for second degree murder under N&PC because first degree murder requires mens rea of purpose, even if it is natural and foreseeable (see Chiu and Wilson-Bey)
Find D’s liability as principal or accomplice, then consider his mens rea toward circumstances (negligent, reasonable man foresee), then extend to other crimes (N+PC?)
Doctrine of Innocent Agency: same as MPC 2.06(2)(a)
MPC:
2.06(1): equivalence of liability for accomplices and principals
MPC § 242.3 Hindering apprehension or prosecution: need to act with the purpose to hinder, no need to be successful
Actus Reus (§ 2.06(3)(a)(2)): accomplice must aid, or agree or attempt to aid the crime
Can include solicitation, preparation, or even agreeing to aid (too much)
2.06(2)(a) Innocent Agent: alternatively they can act with culpability for underlying offense they cause an innocent person to commit the crime unknowingly
Mens Rea (§ 2.06(1)): must have purpose of promoting or facilitating the crime
Results – 2.06(4): must have culpability required by the underlying offense
See NY Penal Code for Facilitation vs. purpose for complicity
Conspiracy:
Common Law:
Relation to other doctrines:
Does not Merge: can be guilty of conspiracy and the object offense that others committed
Can be guilty of attempt and conspiracy
Pinkerton Doctrine: Natural and Probable Consequences (majority + fed.)
Was the co-conspirator’s offense a reasonably foreseeable result of the conspiracy itself and was it in furtherance of the conspiracy
Actus Reus: so long as the conspiracy exist, a criminal act of one is that of them all if done to further the conspiracy
Mens Rea: established by participation in conspiracy itself
Need not be charged, can be found vicariously liable (Zackery)
Showing Intent/Purpose/Agreement in Conspiracy: People v. Lauria
There must be direct evidence that the actor participated or intended to participate
If the actor appears indifferent, intent can be showed by:
Special interest
Aggravated nature of...
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This outline covers a criminal law course taught by John C. Jeffries, co-author of the University Casebook Series textbook on Criminal Law. The outline details a wide range of topics within criminal law including common law and MPC treatment of mens rea and actus rea, theoretical principles behind crime and punishment, and the the laws of attempt, conspiracy/complicity, RICO, sexual offenses, justification and excuse, and the insanity defense. Each of the two contributed to this outline received ...
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