Criminal Law Outline I. Introduction/Overview A. Criminal Law differs from civil law in that it reflects society’s response - moral condemnation B. The 6th Amendment guarantees the right to a jury trial made up of his peers C. There is an on-going debate about the right of a jury to nullify a verdict; the general rule is that although the jury has the option to nullify; it is not necessary to include that option in the jury charges b/c it should not be encouraged or advertised 1. Yes - b/c jury represents the consciousness of the community; they can overturn laws they do not approve of 2. No - allows inconsistencies in the law; society can only exist if we follow the law D. Criminal law also differs from civil law b/c it punishes those found guilty. Punishment - when an agent of the gov’t, pursuant to authority granted to the agent by virtue of Ds criminal conviction, intentionally inflicts pain on D or otherwise causes D to suffer consequence that is ordinarily considered to be unpleasant 1. Two theories of Punishment: a. Utilitarianism - actions are a means to good ends; actions are morally right only if they reach a desirable consequence; look to what is best for society as a whole (1) punishment is justified if it is expected to reduce the pain of crime that would otherwise occur (2) looks forward (3) general deterrence; specific deterrence; rehabilitation (reform) b. Deontology - focuses on actions as an ends in themselves; look to the action itself to determine if it is morally right, regardless of their ultimate fx on others (1) punishment is justified when it is deserved; regardless of whether or not it will result in a reduction of crime (2) looks backwards (3) retribution, victim vindication c. Reasons for punishment (1) Deterrence (future) (a) specific - want to deter individual on trial; specific person (b) general - want to deter society from committing the crime i) incapacitation - imprisonment prevents another crime ii) upon release - intimidation and remembers prision (2) Retribution (past) - looks to 1 person - the defendant, not society; (a) it is right for society to hurt D back b/c he hurt society (b) punishment secures a moral balance in society- D owes a debt to society for breaking rules (c) victim vindication - a way to right a wrong; it reaffirms victims worth as a human being (3) Rehabilitation/reform (future) - include psychiatric therapy, lobotomy, or academic or vocational training E. The legislature is the pre-eminent lawmaking body in the realm of criminal law - statutes 1. All criminal statutes are open to statutory interpretation - when there is an undefined term in a statute it is presumed to have its common law meaning 2. Today, many J look to the Model Penal Code for guidance, suggestions, etc. F. Legality - ensures that “no crime w/o law, no punishment w/o law” 1. A person may not be punished unless her conduct was defined as criminal b4 she acted G. Proportionality of Punishment 1. 8th Amendment prohibits the infliction of “cruel and unusual punishment” and the punishment can not be grossly disproportional to the crime committed 2. FP: man sentenced to prison for multiple rapes, escaped and raped an adult women 3. RP: Supreme Ct held that death penalty was not a proportional punishment b/c 1. death was a socially unacceptable punishment for rape and 2. the harm caused by rape is not justified with the penalty of death b/c victim still alive 4. FP: D sentenced to life imprisonment w/o parole after his 7th conviction for passing a fraudulent check 5. RP: Ct held that the 3 prong test previously est to determine proportionality (1. gravity of the offense compared to severity of penalty 2. penalties imposed w/in J for similar offenses 3. penalties imposed in other J for similar offenses) is not necessary although the first prong (gravity) is a viable test 6. Can use R argument in death penalty cases, but for non-death penalty cases, its less likely that R is valid tool H. Constitutional Arguments to Consider
1.
2. 3. 4.
Is statute unconstitutional? vague - breath of statute allows different results (1) look at text of statute (2) look at legislative history (3) judicial precedent b. over broad - covers criminal acts and innocent and non-criminal conduct (1) Rule of Lenity - if statute has 2 meanings - go w/ one in favor of D Ex post facto - law is not retro active; must exist b4 the crime committed Violation of 8th Amendment Bill of Attainder - when legislature convicts D of crime w/o trial or conviction (if you commit homicide, you are guilty and must go to prison -automatic) a.
I. D.
Actus Reus - the physical part of the crime; the conduct + physical result Voluntary Act 1. Even if statute does not say “voluntary act” must read into every statute a voluntary act 2. Must have a voluntary act 3. W/O a voluntary act, specific nor general deterrence (or any form of punishment) works 4. FP: X raised his arm ; Y’s arm went up 5. RP: X committed a voluntary act; Y could have been reflex, wind, Z grabbed it, etc 6. FP: X considered breaking into the house and told Y about his plan 7. RP: Mere thoughts do not equal voluntary act but words can (depends) 8. FP: X was drunk in his home, cops took him to a public place and charged him w/ manifesting a drunken condition in a public place 9. RP: Must have voluntary acts for each aspect or element of the crime 10. FP: X has a spasm or a learned reaction that causes him to stab his son 11. RP: If the D did not act as a willed movement or have an exercise of the will but had a spasm or a learned reaction then D did not meet actus reus; but not a complete defense if D induced his weakened state of mind w/ drugs and/or alcohol
E.