Dressler criminal law outline download

Voluntary Act: bodily movement, a muscular contractionb. He was not voluntarily on the highwayo An act necessarily means voluntary act —something willed These are NOT voluntary acts: A reflex or convulsion; A bodily movement during unconsciousness or sleep; Conduct during hypnosis or resulting hypnotic suggestion; A bodily movement that otherwise is not a product of the effort or determinationof the actor, either conscious or habitual.

MPC 2. PPL V. Voluntary act of driving Necessary but not a sufficient condition — showing the actus reus does not mean criminal liabilityc. Omission: A legal duty to act special relationship , not just a mere moral obligation. Onlyresponsible if Statute imposing a duty to act — most clear. Would be reporting requirement ofteachers and physicians2. Special relationshipa. Assumption of a contractual relationship to care babysitter 4. Cannot leave them secluded where it prevents others from rendering aid or reducesthe chance EX.

People swimming out and preventing others from saving. Simplyswimming out and quitting does not fall under this category. If there is a duty to act, look at what is required, how far does the person have to go. Court focused on act v.

Said it was omission and there was no duty to act. But if it was an act, would have been guilty Afterwards, consult with family and withdraw the feeding and hydration — this isthe main issueo Does characterize this as an act or omission?

An omission! They compareit with the act of a lethal injection which is an affirmative act whereasthis was just an omission to not feed3 If the court viewed removing the feeding tube as an act, it caused his death andthey knew it would cause his death then they are guilty of homicide Even though it is an action, there is a stopping, no longer injecting patient withnutrition so it is actually an omission.

The negation, endangering, or destruction of an individual, group, or state interestwhich is deemed socially valuable Every crime has conduct but some have a result as a requirement of a crimeCan consist of wrongful conduct, wrongful result, or both, and attendant circumstance elements. Attendant Circumstance: a condition that must be present, in addition to the prohibited conduct orresult, to constitute the crime.

It is a circumstance. A condition the prosecutor must prove in addition to the prohibited conduct or resultSelling liquor to a minor. May be a result of action taken in the past but must be present in order for the crime to occur —like drinkingSpecific Intent Crimes: If you are accused of a specific intent crime, the prosecution must prove thatwhen you committed the crime you had the requisite intent or mens rea.

This intent mens rea will belisted in the statute that defines the crime. If you didn't act with this intent or mens rea, then youcannot be convicted of the crime. Thatis, you don't need any additional intention or mens rea. For example, assault is usually a general intentcrime. You only need to intend your actions, not any particular result. Morally blameworthy foractions. Two Uses of the Mens Rea: 1 Culpability Meaning: the person who committed the act has some morally blameworthy stateof mind.

Mental state is specified in definition of the charged crime. This is the MPCapproach. Mens ReaI Intentionally Know Knowingly What Willfully Ninjas Negligently Really Recklessly Mean Malice oooooooIntentionally: purpose and knowledge [practically certain to occur as a result ofconduct]Knowingly: practically certain to occur as a result of conductWillfully: intentionalNegligently: state of mind, vis a vie — risk taking; deviation from what a normalperson would do. Subjectively unaware.

Knowledge that the requisite legal circumstances exist same as knowledge -Refers to attendant circumstancesConscious objective to perform an action of that nature or to cause such a result.

Person is aware. This is asubjective standard. It is enough if he is simply aware that his conduct is of the required nature or that theprohibited result is practically certain to follow from his conduct. Inadvertently creates asubstantial and unjustifiable risk of which you ought to be aware. What is the mens rea of the statute? Knowingly Does it apply to conduct or attendant circumstances? The attendant circumstance is child less than 17 Yes. In strict liability, your mens rea does not matterTypically, an element that does not require a mens era element is the attendant circumstanceIf there is no mens rea element, you cannot have mistake of fact or mistake of law bc they are liable either way.

The statutory crime is not derived from common law2. There is an evident legislative policy that would be undermined by a mens rearequirement3.

The standard imposed by the statute is reasonable and adherence is to beexpected of a person presume notice 4. The penalty for violation is not severe. Can often look at the lang of the statute and if there are mens rea elements to certain parts and not to other parts of attendantcircumstances, then probably intended strict liability Case with the retarded boy who had sex with someone. They did not look at his mental culpability bc it was strict liabilityand mens rea does not matter.

Treats as mens rea elementCommon Law1. Specific intent Crimes:a. Rule: a is not guilty of an offense if his mistake of fact negates thespecific intent portion of the crime; if it negates the mens rearequirement. Common law does not care if the mistake is reasonable or not. General Intent Crimes A is not guilty of an offense if his mistake of fact was reasonable buthe is guilty if his mistake of fact was unreasonable Forcible rape is general intent — what if there is a mistake of consent.

You intended to kill a deer, but didNOT intend to kill a human. Negates the mens rea. In both, mistake of fact has to be in good faith. Rape is general intent crime. Most crimes are specific intent minus a few strict liabilitya.

Unless stated, requires knowingly, purposely, or recklessly3. No showing of reasonableness is requireda. Civil Law 1. Criminal a. The criminal conviction itself say. Export To Word. Last View : 23d ago. Last Download : 7m ago. Upload by : Grady Mosby. Report this link. Related Books. Expository Outlines. Joshua Outline Pg.

Judges Outline Pg. Ruth Outline Pg. Matthew Outline Pg. Mark Outline Pg. Criminal Law Outline. Criminal Statues!

Legislation o Legislators, today, rather than judges exercise primary responsibility for defining criminal conduct and for devising the rules of criminal responsibility. Toggle navigation. Embed Script. Size px x x x x Subscribe 0. Sources of Criminal Law. Common Law. Statutes Derived from Common Law. Model Penal Code. Criminal Law vs. Civil Law. Defendant is punished. The criminal criminal conviction conviction itself itself says defendant is a moral wrongdoer. Defendant pays victim.

Defendant Defendant is not morally stigmatize stigmatized. Theories of Punishment. People should get what they deserve. Humans Humans have free will. If they they choose to do wrong, it is appropriate appropriate to punish them. Looks backwards. Only punishes to the extent of the wrongdoing.

All forms of pain are bad. Punishment is not good, but neither is crime. Punishment Punishme nt is proper if imposition of pain will reduce the likelihood of future crimes. Looks at at people as moral calculators. Forms of utilitarianism. General deterrence. Specific deterrence. Principle of Liability. General Rule: We do not punish a person because he is bad, immoral, or dangerous, or even because he committed a wrongful act. We only punish if that act is also defined, in advance, as a crime.

Law cannot be vague. The law must be written in a sufficiently clear manner so that a reasonable law-abiding person can determine what is prohibited. Burden of Proof. The government must prove, beyond a reasonable doubt, every element of a crime. This is a constitutional requirement. Actus Reus. The physical part of the crime. Mens Rea. The mental part of the crime, or the state of mind of the defendant when he committed the crime. Five Elements of a Crime: Voluntary act or omission.

Social harm. Mens rea — A morally culpable state of mind. Actual causation. Proximate causation. Voluntary Act or Omission. Common law voluntary act: A willed muscular action.

Not every every act must must be voluntary. It is enough enough that the relevant relevant conduct conduct includes a voluntary act. Omission: Ordinarily, no punishment for failure to act. A duty to act arises when there is a: i. Duty required by statute. Special status relationship.

Contractual requirement to act. Creation of a risk of harm to another. Once you act, you then stop, and it makes matters worse. Social Harm.

Mental state of actor at time he committed the actus reus. Defined in two ways: ways: i. Person acts with requisite mens rea if he committed actus reus with a morally blameworthy state of mind. OR ii. With the particular wrongful state of mind set out in the definition of the offense. Strict liability. Mens rea is not required. Typically involves malum prohibitum conduct, very minor punishments, punishmen ts, and conviction conviction is not not generally generally stigmatizing.

There is a strong presumption against strict liability. Model Penal Code mens rea terms. Negligently criminal negligence.

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