Crim Law Analysis


Social Policies in Society's Interest
	1) Retribution
	2) Specif. & gen. deterrence
	3) Incapacitation
	4) Protect from social harm over indivs freedom (strict liability)
	5) Law presumes people know the law (strict liability, mistake defenses)
	6) Contributory negligence by V is NOT a defense (homicide,causation)
	7) Selective Prosecution
	8) Rsbl mistake, defenses, beliefs by D allowed usually 
	9) All D's R sane & rsbl until D proves otherwise
	10)Punish group crimes sooner than lone criminal 2 deter greater harm
	11)No excessive force in defense b/c lives R imp.
Social Policies in D's Individual Interest
	1) Reform/Rehabilitation
	2) Due process clause mandates fair play & notice
	3) 4th Amendment mandates rsbl seizure
	4) Govt must prove beyond rsbl doubt of every element in the statute
Statutory Interpretation
	1) Find Actus Reus & Mens Rea
	2) If Mens Rea is not explicit, must imply from the statute
		1. Legislative intent 4 overriding mens rea
		2. Look @ plain meaning of the statute
		3. Case law, precedents, changed circ's
		4. Pub. policy
		5. Statutory construction
Formula of Crime
	1) Actus Reus + Mens Rea + Causation
	2) Vol guilty act / omission + Level of guilty S/M + Proximate 
	foreseeable cause
General Defenses
	1) Honest, rsbl mistake of fact negating S/M element of the 
	offense (mens rea)
	2) Mistake of law if law isn't published / wrong interp. by auth. 
	(mens rea)
	3) Invol. Axn (actus reus)
	4) Insanity:  Defense of Excuse (mens rea)
Popular Media Defenses:  MUST SUPPORT/DISPROVE AN ELEMENT OF CRIME
	1) Cultural Defense: usually mistakes (mens rea)
	2) Battered Women Syndrome (self defense; mens rea)
Popular Circ. Evid:  MUST SUPPORT/DISPROVE AN ELEMENT OF CRIME
	1) Guilt by Association (conspiracy; actus reus)

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Purposeful / Specific Intent Crimes
	1) Burglary
	2) Larceny
	3) Robbery
	4) Attempt
	5) Conspiracy

Criminal Reckless Crimes
	1) 2nd Degree Murder (can have higher stand. also)
	2) Vol. Manslaughter
	3) Invol. Manslaughter
	4) F-M by FIDHL: 2nd Degree Murder

Defenses Against Homicide
	1) Perfect Self Defense:  Defense of Justification so exonerated 
	2) Imperfect Self Defense:  Defense of Excuse so vol. mansl.
	3) Provocation/Heat of Passion Defense: vol. mansl.
	4) Insanity: Defense of Excuse so state institution
	5) Lawful killings:  police, war, executioner, choosing btwn 
	saving lives

Defense Against Attempt
	1) Legal Impossibility Defense under C/L & undercover agent sit's

Defenses Against Conspiracy
	1) Concurrent acts were accidental so not in furtherance of 
	common purpose
	2) Affirmative Abondonment, W/drawl, Renunciation that is rsbly 
	calculated 2 B communicated 2 co-D
	3) Defenses against Pinkerton/Vicarious Liab.
		1. Subst. offense by D1 didn't occur in furtherance of D's agmt
		2. Subst. offense was not in scope of unlawful 
		obj/purpose of agmt
		3. Subst. offense was not rsbly foreseeable conseq. agmt
		4. Subst. offense occurred before D joined conspiracy

REMINDERS
Strict Liability
	1) If an element in the statute is strict liability, D has no 
	defense if D meets the element
	2) Govt must still prove other elements of the statute where D 
	DOES have defenses beyond rsbl doubt in order 2 convict D

F-M Merger Rule
	1) Must B eligible by designated / FIDHL
	2) If the underlying eligible felony is not indep. of homicide 
	b/c of force, fear, great bodily harm incorporated, then merger rule 
	applies & cannot have F-M

Ineligible F-M Charges
	1) Drop down 2 vol. mansl.

Causation
	1) Same as Torts Causation Definition

Different Approaches by C/L & Today
	1) Usually, one approach 4 govt & other approach 4 D

Evidence Reqt
	1) Direct evid. would always suffice
	2) Practically, that is difficult so pad w/circ. evid.

Implied from the Statutes
	1) Strict Liability is not expressed but implied
	2) Attempt crims R defined by 1 general statute
	3) Mens Rea R not expressed sometimes in the statutes


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