Principle of legality every crime
must be defined by a statute or CL
in advance of conduct charged.
Was a Crime Committed?
1. absence of statute (prin. of
legality)
2. If statute, argue statute is vague
Vagueness statute is vague if
men of common ord. intelligence
must necessarily guess at meaning
and differ in its application
3. If there is no vagueness, use
rules of stat. construction to argue
statute doesnt reach your client.
4. Voluntariness requirement: no
exercise of clients will (no mens
rea)
5. Omissions client didnt act,
they omitted and there was no legal
duty to act
6. no causation
Vagueness considerations
-How important is the law
enforcement need? More important,
then less likely to be found vague.
-How seriously does this statute
threaten exercise of civil liberties?
-Is there more precise language
readily available?
Mens rea
Specific intent subjective std.,
requires showing D possessed
certain state of mind when
committing crime
General intent (most CL juris.)
objective std., what the reasonable
person in Ds situation should have
been aware of and acted.
Mistake of fact (CL) D claim
that he/she lacked mens rea,
misunderstood some pertinent fact
about world
When showing gen. intent, must
show mistake was reasonable
When showing specific intent, must
show made in good faith (honestly)
Mistake of fact (MPC)
Hierarchial; when element of
offense req. showing of P/K, any
reckless, negligent or reas. mistake
will exculpate D, etc.
MPC 2.02 (4) addresses scope of
culp. req., any single culp. term in
a statute applies to all elements of
statute, unless a contrary purpose
plainly appears [look at grammar].
Rule of lenity Statutes should be
interpreted in favor of D as far as it
may reasonably permit.
Statutory Interpretation when a
statute is less than fully clear, cts.
resort to techniques to try to
construct legislative intent
- Search for original intent:
Inquire into what the legislature
intended, what legislation at time
law was enacted would have
wanted the statute to mean.
- Common law background, read
CL language into statute
- Examine legislative history for
clues to legislatures intentions for
passing the statute
-Harmonizing w/ other statutes
Voluntary act requirement
liability has to rest on conduct w/ at
least one voluntary act, bodily
movement done/not done as an
exercise of will.
Omission To be prosecuted based
on omission, must be accompanied
by CL or statutory duty to act. In
CL, duties include personal rel.,
creation of peril, K, voluntary
assumption of care, control conduct
of others (ex. employer over
employee), landowner status.
Causation Actual and proximate
cause of Ds vol. conduct required
to show criminally liable.
Mens rea in MPC 2.02
For every material element (conduct, circumstance or
result), one of 4 culpability levels must be shown:
-Purpose w/ desire or conscious object when
modifying conduct or result, w/ awareness or belief
when modifying circumstances
-Knowledge: risk needs to be virtually certain
-Recklessness: conscious disregard for a substantial
and unjustifiable risk that material element [ex. death,
injury] exists
Disregard involves gross departure from std of conduct
law-abiding person would do in situation
Negligence: should have been aware of a substantial
and unjustifiable risk that the material element would
result.
Culpability levels are on continuum of obj. to subj.:
negligence objective, recklessness more subj.
MPC 2.02 (3): Recklessness default if no other indic.
given in statute (read as requiring recklessness shown
as to each element
MPC 2.02(5) establishes hierarchy among culp. lvls.
If can satisfy higher culpability, can establish lower
Murder (CL) 4 categories of
homicide committed with malice
aforethought
(1) where D intended to kill or
knew that death would result
(2) where D intended to inflict GBI
(3) D manifested extreme
recklessness w/ respect to life
(4) homicides resulting when D
was committing a felony (felony
murder)
States usually say 1st degree
displays an intent/purpose to kill
(wilful), a design to kill
(premeditation) and coolness and
reflection (deliberation). 2nd degree
= everything else
Intention to inflict GBI (or
knowledge that conduct will result
in GBI) suffices to estab. murder.
Murder (MPC)
(1) purposely or knowingly
causing death of another; or
(2) recklessly causing death under
circum. manifesting extreme indiff.
to human life.
MPC does NOT recognize as
category of murder where only
GBI intended and death results
(usually held to lesser form of
homicide, ex. manslaughter)