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Criminal Class Notes Professor Rozelle IRAC- Logical Reasoning o Issue o Rule Look to precedent and policy o Argue

ue o Conclude Study Aides o Lafave on Criminal Law Hornbook (use the library copy) o Lexis Nexis, Understanding Criminal Law o CALI Exercises Punishment o Determined by being intentionally handed down by someone with authority to do so Authority to punish granted by government after conviction o Generally unpleasant Capital Monetary Shaming Incarceration Surrendering involuntarily certain freedoms Mandatory rehabilitation Community service Omissions o Statute o Contract o Relationship o Assumption of voluntary care and seclusion o Peril, if caused directly Defenses o Mistake of Fact Honest and reasonable (general intent) Honest (Specific Intent) Doesnt work for Strict Liability Grading is strict Levels of culpability o Specific Intent Purpose Knowledge

General Intent Recklessness Negligence o Strict Liability Mistake of Non-Criminal Law/ Fact o Specific intent Common Law Is defense MPC Defense if negates mens rea o General Intent Common Law In some, needs to be honest and reasonable In others, no defense MPC Defense if negates mens rea

Common Law

Fact SpI = Honest GenI = Honest and Reasonable Defense if Negates Mens Rea

Criminal No defense unless official misstatement

MPC

No defense unless official misstatement

Non-criminal SpI = negates mens rea GenI = some Honest and Reasonable, some no defense Defense if Negates mens rea

Strict Liability o Not many crimes outside of regulatory o Usually small penalties o Will be clearly marked as strict liability o Grading If H&R but you think still a crime Still crime If H&R but you think its lesser MPC o Charge lesser Attempt Crimes o Defenses Impossibility You are trying to do something that cannot be done o Trying to kill someone who is already dead

True Legal Impossibility o Both under the facts as they are and the facts as perceived by the Defendant, the act is not illegal o Defense Legal o The completed act is not a crime o Defense Factual o Completed act would be a crime but for a fact unknown to the defendant o Not a defense Abandonment Common Law o No defense MPC o Could be a defense

Defenses o Justifications Necessity Choosing lesser of two evils Does not encompass civil disobedience Common Law o Requirements Clear and imminent danger Reasonable expectation that act will be effective in abating harm No other effective legal alternative Must be lesser of two evils Lawmakers cant have already decided against you (harm seeking to prevent cant be lawful) You didnt create the necessity Does not apply to homicide MPC o Requirements D believes conduct necessary to avoid harm Harm to be avoided is objectively greater than act D thinks act will avoid harm Lawmakers cant have already decided against you If Reckless or Negligent about creating necessity and crime is reckless or negligent crime, not a defense o Broader than Common law

No clear or imminent danger necessary Less strict creation of necessity rule No prohibition on homicide Economic necessity (Jean Valjean) o Generally not a defense Medical necessity o Condition only alleviated by criminal act (medical marijuana) o Not generally accepted Self-Defense Reasonably believes force is necessary to defend against unlawful force You may only respond to non-deadly force with non-deadly force Retreat o MPC- You must retreat only if you KNOW you can in complete safety Defense of Others You can use force if you reasonably believe it is necessary to relieve the other of immediate unlawful force Mistake of fact o If reasonable Not guilty if reckless or negligent o If not reasonable guilty Domestic Violence as Justification Cycle of violence necessary Imminence o Effect of mistake on Justification Defense of Property Deadly force never justified Defense of Residence Lethal force may be used to prevent forcible entry to your home Mistakes of fact for defense Reasonable o Is defense in both MPC and CL Some minority jurisdictions say mistakes about others is strict liability Unreasonable o CL- No o MPC- not guilty of purpose or knowledge crimes, if it was reckless or negligent you are guilty of reckless or negligent

Excuses

Duress (including DV) 3 elements o Threat of immediate unlawful bodily harm or death Force CL- death or serious bodily injury MPC- such that a reasonable person would not be able to resist Parties CL- you or loved one MPC- anyone Imminence CL- Imminent o Well-grounded fear that threat will be carried out o No reasonable opportunity to avert threat Can extend to third parties Battered women syndrome is defense in self-defense but not in duress No defense for homicide (CL) No defense if defendant puts himself in that duress (CL) (MPC- if negligent, guilty of negligence; if reckless, no defense) Insanity 5 tests- all need diagnosable mental disease or defect o MNaughten Test Did not know nature/quality of act Or if you did know, did not know it was wrong o Control Test Could not control self o Product Test Crimes is product of MDoD o MPC Lacked substantial capacity to: Appreciate criminality or wrongfulness of action To conform conduct o Federal (18 USC 20) Severe defect Unable to appreciate Nature or quality of act Its wrongfulness MDoD o Includes breaks from reality, psychoses, o Does not include temperments, intoxication, emotional outbursts, sociopaths (anti-social personality disorder)

Rape

Traditional Definition (actus reus) Statutory- Whenever a person forces another person to have sex Common Law- The carnal Knowledge of a woman forcibly and against her will Force Requirement Reasonable calculated actions to overcome her non-consent Coercion and Fraud Usually treated as force Non- Consent and Mens Rea Marital Rape Statutory Rape Doesnt matter what victim wants, still rape In FL, if adult rapes victim under 12 it is a capital crime In FL, if minor rapes victim under 12 it is a life felony Liability for conduct of another Complicity- Accomplice liability Actors o Principal 1st degree- actor (accomplice) o Principal 2nd degree- aided and present (accomplice) o Accessories Before- (accomplice) After- usually obstruction of justice charged Actus Reus- Aid in original crime (MPC includes attempts to aid), not taking action counts if you have duty to act Mens Rea- Knowing (own conduct of helping); purpose/knowledge+ (for the crime, CL is split) Conspiracy As inchoate offense o Need agreement (CL: bilateral, MPC: unilateral ok) + overt act Defenses o Impossibility not a defense because you still have actus reus and mens rea o Renunciation CL: Renunciation not defense to conspiracy MPC: Renunciation defense if actor thwart success of conspiracy o Withdrawal

Not defense to conspiracy but can withdraw and still have limited Pinkerton responsibility. Statute of limitations starts at withdrawal

o Homicide MPC

Merger When two or more crimes overlap, they merge and you are only charged with one (ex. Soliciting, Attempting, and Completing will just be completing) CL: Conspiracy does not merge MPC: all inchoate crimes merge Relationship to complicity o Pinkerton CL: all foreseeable crimes MPC: only intended crimes Wheel and Chain Conspiracy models Scope and duration o One conspiracy to commit several crimes is one conspiracy

Murder means Purpose, Knowledge or extreme recklessness (presumed if qualifying felony) o 1st degree felony Manslaughter is reckless or heat of passion o 2nd degree felony Negligent Homicide o 3rd degree felony First degree murder Purpose or knowledge to kill or that death would result o Only 1st degree if there is premeditation or deliberation Second degree murder Purpose/Knowledge to inflict grievous bodily harm or serious bodily injury Extreme recklessness (depraved heart) Felony Murder Murder occurred while actor was engaged in commission of a felony o 1st degree Manslaughter Voluntary o Heat of Passion o CL- Needs actual heat of passion (anger counts, fear doesnt always count), based on sudden (no cooling off period)

provocation which was legally adequate to provoke a reasonable person If mental abnormality leads you to reasonably mistake a provocation, it mitigates to manslaughter o MPC- Needs Extreme emotional distress for which there is a reasonable explanation or excuse (reasonableness determined by the actor) o MPC (provocation)- take circumstances as defendant believes them to be Involuntary o Reckless or negligent with respect to death Misdemeanor Manslaughter o Death while actor engaged in unlawful act not amounting to a felony (fading trend nationally) Negligent homicide Causation Felony murder o Criminalizes conduct that would not otherwise be a crime o Upgrades homicides that would not otherwise be 1st degree Murder into 1st degree If co-felon commits murder during felony, youre on the hook as felony murder

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