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Criminal Law Outline

This document outlines and summarizes various topics in criminal law, including: 1) The aims of criminal law such as punishment and deterrence, as well as concepts like the presumption of innocence, proof beyond a reasonable doubt, and trial by jury. 2) Theories of punishment discussed in cases like The Queen v. Dudley and Stephens and Ewing v. California. 3) The principle of legality and statutory interpretation from cases like Commonwealth v. Mochan. 4) Requirements for actus reus such as voluntary acts discussed in Martin v. State, and omissions discussed in People v. Beardsley. 5) Elements of mens rea such as intent,

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70 views3 pages

Criminal Law Outline

This document outlines and summarizes various topics in criminal law, including: 1) The aims of criminal law such as punishment and deterrence, as well as concepts like the presumption of innocence, proof beyond a reasonable doubt, and trial by jury. 2) Theories of punishment discussed in cases like The Queen v. Dudley and Stephens and Ewing v. California. 3) The principle of legality and statutory interpretation from cases like Commonwealth v. Mochan. 4) Requirements for actus reus such as voluntary acts discussed in Martin v. State, and omissions discussed in People v. Beardsley. 5) Elements of mens rea such as intent,

Uploaded by

helenn
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We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction

◦ Aims of Criminal Law


◦ Pre-Trial; Trial by Jury
◦ Proof Beyond a Reasonable Doubt
◦ Presumption of Innocence
◦ Owens v. State
Theories of Punishment
◦ The Queen v. Dudley and Stephens
◦ MPC s 1.02
◦ People v. Superior Court (Du)
◦ People v. Du
◦ Ewing v. California
Principle of Legality and Statutory Interpretation
◦ Commonwealth v. Mochan
◦ In re Banks
◦ Desertrain v. City of Los Angeles
Actus Reus
◦ Voluntary Act
◦ Martin v. State
◦ State v. Utter
◦ MPC 1.13(2); 1.13(3); 2.01
◦ Omissions (“Negative Acts”)
◦ People v. Beardsley
◦ Barber v. Superior Court
Mens Rea
◦ United States v. Cordoba-Hincapie
◦ Regina v. Cunningham
◦ MPC 2.02; 1.13(10)
◦ Transferred Intent
◦ Willful Blindness
◦ Strict Liability
◦ MPC 2.05; 1.04(5)
◦ People v. Conley
◦ State v. Nations
◦ Staples v. United States
◦ Mistakes (of Fact and of Law)
◦ People v. Navarro
◦ People v. Marrero
◦ MPC 2.04
Causation
◦ Actual Causation
◦ Proximate Causation
◦ Velazquez v. State
◦ Oxendine v. State
◦ People v. Rideout
◦ Velazquez v. State
◦ Magnolia Hypo
Substantive Offenses
◦ Criminal Homicide
 Homicide: Intentional --- Murder
 State v. Guthrie
 Midgett v. State
 State v. Forrest
 MPC 210.0; 210.1; 210.2; 210.3; 210.4
 Homicide: Intentional --- Manslaughter
 Girouard v. State
 People v. Casassa
 Homicide: Unintentional --- Murder and Manslaughter
 People v. Knoller
 State v. Williams
 Homicide: Felony --- Murder
 People v. Fuller
 People v. Howard
 People v. Smith
 State v. Sophophone
◦ Rape and Related Sexual Offenses
 The Traditional Approach --- the Requirement of Force and
Resistance
 State v. Alston
 Rusk v. State
 State v. Rusk
 The Modern Approach --- Abandoning “Force,” Embracing Mens
Rea
 State of New Jersey in the Interest of M.T.S.
 MPC 213
Defenses
◦ Justification Defenses
 Categories of Defenses
 Structure of Justification Defenses
 Self-Defense
 “Reasonable Belief” Requirement
 People v. Goetz
 MPC 3.09
 State v. Wanrow
 State v. Norman
 State v. Norman
 United States v. Peterson
 MPC 1.12, 3.04, 3.11
 Necessity (“Choice of Evils”)
 MPC 3.02
◦ Excuse Defenses
 Excuses
 Duress
 United States v. Contento-Pachon
 MPC 2.09

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