Criminal Law - Kadish

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What are the four classic justifications for imposing criminal punishment?: Retributive, Deterrence, Rehabilitation, Incapacitation.
Actus Reus: The guilty hand, the act must be present and must be voluntary. Sometimes no act is an act (ommission).
Actus Reus - MPC: 1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.
2) The following are not voluntary acts within the meaning of this Section:
a) a reflex or convulsion;
b) a bodily movement during unconsciousness or sleep;
c) conduct during hypnosis or resulting from hypnotic suggestion;
d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual
3) Liability for the commission of an offense may not be based on an omission unaccompanied by an action unless:
a) the omission is expressly made sufficient by the law defining the offense
b) a duty to perform the omitted act is otherwise imposed by law.
4) Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
When is there a duty of care?: Four situations where failure to care may constitute a breach of legal duty:
1)a statute has imposed a legal duty to care for another
2)where one stands in a certain status relationship to another
3)where one has assumed a contractual duty to care for another
4)where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid
What are the four mental states that are culpable?: Purposely, knowingly, recklessly, and negligently.
What is the difference between purposely and knowingly?: Narrow distinction between the two
knowingly - committed the act
purposefully - committed the act with conscious object to perform an action or cause a result
The difference is being aware that the conduct fits the criteria as opposed to being aware that the prohibited result is practically certain to follow from that conduct.
What is recklessness?: Where one has an awareness of an unjustifiable risk of conduct leading to a culpable result, and consciously disregards that risk.
What is negligence?: Where one is not aware of a risk, but should have been, and performed an action that created a culpable result.
States of mental culpability - MPC: Minimum requirements on culpability. Except as provided in section 2.05, a person is not guilty of an offense until he acted purposely, knowingly, recklessly, or negligently, as the law may require, with respect to each material element of the offense
Purposely - MPC: Purposely. A person acts purposely with respect to a material element of an offense when:
if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes they exist
Knowingly - MPC: Knowingly. A person acts knowingly with respect to a material element of an offense when:
i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
ii)if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
Recklessly - MPC: Recklessly. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actors conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation
Negligently - MPC: Negligently. A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
To what material elements of a crime does culpability apply according to the MPC?: Prescribed culpability requirement applies to all material elements. When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.
Mistake of Fact - MPC: 1) Ignorance or mistake as to a matter of fact or law is a defense to it if:
a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense
2) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed.
3) A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:
a) the statute or other enactment defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; or
b) he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (i) a statute or other enactment; (ii) a judicial decision, opinion or judgement; (iii) an administrative order or grant of permission; or (iv) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense
4) The defendant must prove a defense arising under subsection (3) of this section by a preponderance of the evidence.
Strict Liability - MPC: Section 2.05. When Culpability Requirements Are Inapplicable to Violations Defined by Other Statutes: Effect of Absolute Liability in Reducing Grade of Offense to Violation.

1) The requirements of culpability prescribed by Sections 2.01 and 2.02 do not apply to:
a) offenses which constitute violations, unless the requirement involved is included in the definition of the offense or the Court determines that its application is consistent with effective enforcement of the law defining the offense; or
b) offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.
2) Notwithstanding any other provisions of existing law and unless a subsequent statute otherwise provides:
a) when absolute liability is imposed with respect to any material element of an offense defined by a statute other than the Code and a conviction is based upon such liability, the offense constitutes a violation; and
b) although absolute liability is imposed by law with respect to one or more of the material elements of an offense defined by a statute other than the Code, the culpable commission of the offense may be charged and proved, in which event the negligence with respect to such elements constitutes sufficient culpability and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by section 1.04 and Article 6 of the code.

Section 2.06. Liability for Conduct of Another; Complicity
1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.
2) A person is legally accountable for the conduct of another person when:
a) acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible to engage in such conduct; or
b) he is made accountable for the conduct of such person by the Code or by the law defining the offense; or
c) he is an accomplice of such other person in the commission of the offense.
3) A person is an accomplice of another person in the commission of an offense if:
a) with the purpose of promoting or facilitating the commission of the offense, he;
i) solicits such other person to commit it; or
ii) aids or agrees or attempts to aid such other person in planning or committing it; or
iii) having a legal duty to prevent the commission of the offense, fails to make proper effort to do so; or
b) his conduct is expressly declared by law to establish his complicity.
4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.
5) A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.
6) Unless otherwise provided by the Code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:
a) he is a victim of that offense; or
b) the offense is so defined that his conduct is inevitably incident to its commission; or
c) he terminates his complicity prior to the commission of the offense and
i) wholly deprives it of effectiveness in the commission of the offense; or
ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
7) An accomplice may be convicted on proof that the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.
Mistake of Law - MPC: 1) Ignorance or mistake as to a matter of fact or law is a defense to it if:
a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense
2) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed.
3) A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:
a) the statute or other enactment defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; or
b) he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (i) a statute or other enactment; (ii) a judicial decision, opinion or judgement; (iii) an administrative order or grant of permission; or (iv) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense
4) The defendant must prove a defense arising under subsection (3) of this section by a preponderance of the evidence.
Intentional Homicide Levels - MPC: Section 210.1 - Criminal Homicide
1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
2) criminal homicide is murder, manslaughter or negligent homicide
In the MPC, is a fetus a person?: No, the child has to be born.
In the MPC, what harm must come for the bodily injury to be serious?: creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
How is Murder defined in the MPC?: Section 210.2 - Murder
1) Except as provided in section 210.3(1)(b), criminal homicide constitutes murder when:
a) it is committed purposely or knowingly; or
b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engages or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.
How is Manslaughter defined in the MPC?: 1) Criminal homicide constitutes manslaughter when:
a) it is committed recklessly; or
b) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excue. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in teh actor's situation under the circumstances as he believes them to be.
2) Manslaughter is a felony of the second degree.
How is Negligent Homicide defined in the MPC?: 1) Criminal homicide constitutes negligent homicide when it is committed negligently.
2) Negligent homicide is a felony of the third degree.
When is assisting another to commit suicide a felony in the second degree under the MPC?: If he or she purposely causes the suicide by force, duress, or deception.
When is assistingg another to commit suicide a misdemeanor under the MPC?: When it occurs free of force, duress, or deception.

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