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Criminal Law Common Law

Terms in this set (83)

Ch. 1 Background
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Requirements of a crime
Actus Reus
Mens Rea
Causation
Concurrence of elements

>Prosecution must prove these four parts of a crime in order to successfully convict the defendant.
Arson (CL)
-Arson
-Burning (malicious)
-Charring
-Dwelling house of another
Agg Arson (ORC)
-Fire or explosion
-Knowingly
-Create risk of serious physical injury
-To any other person
-Cause physical harm to any occupied structure
-Create, through K, a substantial risk of physical harm to any occupied structure.
Model Penal Code
-Created by American Law Institute in 1962, updated in 1985.
-Drafted in order to help guide states as they modernized their criminal statues.
-Harmonizes the criminal laws in various jurisdictions around the country.
-Not binding law
Why is reasonable doubt important?
Prime instrument for reducing risk of convictions resting on factual error
D's liberty and reputation at risk
Keep the respect and confidence of the community in criminal law

Justice Harlan (In re Winship)
Look at relative harm of getting it wrong
"Far worse to convict an innocent man than let a guilty man go free"
Criminal law v. civil law
Criminal law does not involve a dispute b/w private parties (state and an individual)
Criminal law outcome - incarcerated/death
Civil law outcome - monetary damages/compensation
Criminal law violation - comes with stigma
Ch. 2 Punishment
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Theories of punishment: Retributivism and Utilitarianism
Retributivists - believe that punishment is justified because people deserve it. (backward looking - looks at defendant's behavior in the past.

Utilitarians - believe that justification for punishment lies in the useful purpose that punishment seeks. (forward looking - justify punishment on the basis of good consequences
Principles of punishment
Utilitarian - deterrence

General deterrence - knowledge that punishment will follow crime deters people from committing crime.
-court says its not fair to treat high profile cases differently under just desserts

Specific deterrence - creates fear in the offender that if he repeats his act, he will be punished again.
-Court says D's regret their actions and feel ashamed

Incapacitation - prevent the offender from engaging in criminal conduct
-Court says not an important factor because Ds unlike to reoffend and Santacruz is now deceased

Rehabilitation - punished so that the D can be trained to not commit crimes
-Court says Ds don't need instruction on the mores of civilized society and know how to live a law abiding life

Education - adjudicative process educates others
Traditional Sentencing Rationales
1. Retributive Just Deserts Theory
2. Ulitarian Theory
1. Kant's Retributive Just Deserts Theory
The only absolutely good thing in the universe is the human will governed by respect for moral law

Focuses on the past

Believe offenders deserve their punishment, not for reform

Retributionist would impose punishment for its own sake.

Problem areas:
1) Extent and length punishment is subjective
2) Can treat the D more cruelly to achieve some societal goal

Sanctions - the extent of punishment is required to neatly fit the crime. Whoever commits the crime must be punished in accordance with his desert. In the case of murder, some believe that just desert is clear. A taker of life must have his own life taken.

Example - Blarek
Retribitivism = punished simply because he deserves it.
-Court says if punishment fails to fix the crime people might turn into vigilantism
-punishment must capture to some worth the Ds volitional acts
2. Bentham's Ulitarian Theory
Principle of unity fifty major philosophers

Law was attended to produce the greatest happiness for the greatest number

Use sanctions (punishment) to help ensure the greater good of society

Use punishment as a means to a practical end

Sanctions - factors to consider are the need to set penalties in a way that where the person is tempted to commit one of two crimes he will commit the lesser, the the evil consequences...of the crime will be minimized even if the crime is committed, that the least possible amount of punishment used for the prevention of a given crime.
Kansas v. Hendricks (punishment)
Principle of unity fifty major philosophers

Law was attended to produce the greatest happiness for the greatest number

Use sanctions (punishment) to help ensure the greater good of society

Use punishment as a means to a practical end

Sanctions - factors to consider are the need to set penalties in a way that where the person is tempted to commit one of two crimes he will commit the lesser, the the evil consequences...of the crime will be minimized even if the crime is committed, that the least possible amount of punishment used for the prevention of a given crime.
Ch. 3 Actus Reus
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