Crim Law Test Outline
	Criminal Law and Its Processes:  Cases and Materials 6th Edition
			Kadish and Schulhoffer

Punishment Theories
        1) Payback
        2) Focus on the nature of crime
        3) Moral desert
        1) Outweighing the joy of crime
        2) Sacrificial lamb is o.k.
        1) 2 Protect soc. by prevention
        2) Focus on the criminal
        3) Look 4 alternatives 2 prison; treatment, boot camp, home detention
        1) Isolate criminals
        2) Looking @ past records but false positives R 2/3

Fair Punishment & the Legality Principle
      Robinson v. CA (Bing an addict is crime in CA)
        1) Legislative Intent
        2) Selective target
            1. Unfair inherently
            2. Violate fair notice
            3. Leg. has obligation 2 narrow the field by Due
		Process Clause
            & 14th Amend.
        3) Predisposition isnt enough 4 crime
        4) Holdings
            1. Due Process Clause forbids this
            2. Cruel & Unusual punishment
            3. Being an addict doesnt constitute a crime
      Keeler v. Superior Ct. (D stomped fetus from his estranged wife)
        1) Legality Principle--pwr 2 create crimes lies w/leg.
           not w/the cts
        2) Due Process of Const.
            1. Fair play/notice
            2. Foreseeability
        3) Ex Post Facto Law of Const.
        4) Look @ leg. intent through
            1. Plain meaning
            2. Statutory construction
            3. Case law & Ded circs

The Elements of Just Punishment
     Actus Reus/Culpable Conduct
        1) Positive/Voluntary Axns
            1. Elements of the offense in the statute
            2. Vol. guilty act
            3. Jury Instr. is the law of the case
            4. Defenses
                (1) Nonvol. axns
                (2) But if knew susceptible & could prevent, no defense
        2) Omissions in Good Samaritan Laws
            1. Four standard sits reqing duty of care
                (1) Statute
                (2) Status--parent, spouse
                (3) Contractual
                (4) Volly assume & prevent others from helping
            2.   Pope Case
                (1) If U see someone else cause, do nothing, & causing it
                    2 get worse--omission prohibited by statute
                (2) Misprision--failure 2 prevent a commision of a felony
      Mens Rea/Culpable Mental States
        1) Intro Cases
            1. Regina v. Cunningham ( gas leak)--need S/M
            2. Regina v. Falkner (rum, ship blown up)--need awareness,
               intent, foreseeability
        2) Levels of Intent
            1. Purposefully--specific; conscious objective 2 cause the result
               against the law; some defenses here like vol.  intox, mental
            2. Knowingly--general; aware result will B practically certain
            3. Recklessly--Conscious disregard of substantial & unjustifiable
               risk where risk=gross deviation from stand. of cond. of law
               abiding person
            4. Negligence--should B aware of substantial & unjustifiable
               risk=gross deviation from rsbl persons stand. of care; 
               Santillanes v. NM where must apply CRIMINAL negligence
            5. Jewels Willful Blindness Instr./9th Circuits
		Actual Knowledge
                (1) Knowing incls Ds awareness of high % &
                (2) Deliberately avoided truth
                (3) But if D actually believed it was otherwise, / was just
                    careless, then have defenses
        3) Mistake of Fact
            1. People v. Olson--no rsbl mistake defense b/c of strict liability
               mens rea
            2. US v. Staples--rsbl mistake defense 4 unregistered firearm
               b/c not strict liability mens rea
            3. If ignorance/mistake negates S/M element of the offense 
		(other than strict liability element)
		(1) Mistake was honest belief
		(2) Most states req. rsbl belief:  MPC doesn't
	    4. Cts guidance 4 rsnings
                (1) Statutes lang.
                (2) Precedents
                (3) Public Policy
                (4) Statutory Scheme
        4) Strict Liability
            1. Element that reqs mens rea becomes a non-issue b/c doesnt
               need mens rea proof
            2. Public Policy 2 protect soc. harm which is deemed greater
               than indivs freedom
            3. Never explicit in statutes
            4. Maj. View--no defense regardless of inquiry
            5. Min. view--a duty of rsbl inquiry, then defense
            6. Pub. welfare/regulatory offenses
                (1) D is always on notice
                (2) Less penalty/stigma attached 2 the crimes
        5) Mistake of Law
            1. Malum in se--C/L crime, mens rea req., D likely 2 know, high
               stigma & punish.
            2. Malum prohibitum--regulatory offense, strict liability, D not
               know, low stigma & punish.
            3. People v. Marrero--own interp. isn't enough 4 reg. offense
            4. C/L--ignorance is not excuse b/c of policy justification 4 reg.
            5. Modern Exceptions
                (1) Law must B pub.'ed 4 due process
                (2) If U have an interp. from someone of auth.

Theft Related Offenses
        1) Elements of C/L
            1. Breaking & entering
            2. Of the dwelling of another
            3. At nt.
            4. W/intent 2 commit felony inside
            5. Not always theft
        2) Modern
            1. Can B @ day X
            2. Any inhabited place
            3. W/O permission instead of break-in
        1) Elements of C/L
            1. Trespassory
            2. Taking & carrying away of
            3. Personaly property of another
            4. W/intent 2 steal
            5. Reqs theft
        2) Fed. larceny statutes like bank
        1) Elements of C/L
            1. Larceny reqt plus
            2. Property taken from person w/presence of V
            3. By means of force/fear
            4. Reqs thefts
        2) People v. Mungia--force must B more than the taking
      Consolidation of Crimes
        1) CA Penal Code 1089--larceny, embezzlement, & false pretenses
        2) Less cheating

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