Criminal Law Outline Chapter 1

Common Law Model Penal Code Texas Penal Code Dressler Definition of a Crime = A.R. + M.R. + Attendant Circumstance + Causation (Actual & Prox)  Resulting in Social Harm Mens Rea Mental States Intentionally – conscious Purposely – conscious objective Intentionally - conscious objective or desire (includes or Desire to engage in conduct or objective or desire to engage in knowingly – awareness to a virtual cause result of offense. Aware the conduct or cause the result certainty) of/hopes believes Att. Circ. exist Maliciously Knowingly - aware that his Willfully Knowingly – practically certain conduct is reasonably certain to will cause result / aware that his cause the result / aware of the Unlawfully Specific Intent conduct is of nature of nature of his conduct / crime/circumstances exist circumstances exist General Intent (includes willfully) Negligence Strict Liability Recklessly - conscious disregard Recklessly – conscious disregard of a substantial/unjustifiable risk of a substantial/unjustifiable risk (subjective) (subjective) Criminal Negligence - should be Negligently – should be aware of aware of substantial/unjustifiable risk substantial/unjustifiable risk (Gross deviation from a RPP) (Gross deviation from a RPP) Default States (if not stated Presumption of one of the states Presumption of P, K, R Presumption I, K, R or not expressly dispensed of) Transferred Intent Recognize: transfers intent to Do Not Recognize Do Not Recognize actual victim. Treat through causation Treat through causation Strict Liability DOES NOT transfer intent to cause 1 type of social harm to another Both jail/non-jail offenses Criminally Liable if only diff: 1) diff. offense OR 2) diff. victim Only for violations Criminally Liable if only diff: 1) diff. offense OR 2) diff. victim Legislature may dispense w/ Willful Blindness Statutory Construction D acts knowingly if (1) aware of Knowingly established where D fact, (2) correctly believe it exists; aware of high prob of existence or (3) suspects it that it exists and purposely avoids learning if her suspicion is correct. N/A Requires each material element to have a M.R. mens rea. Not followed. D’s actual knowledge required. Not required for each element. One overall MR suffices. If MR not attached to one specific element, but one is expressly attached to another element  MR applies to both Motive Not a culpable mental state. UNLESS contrary purpose plainly appears Not Addressed BUT relevant to Specific Intent crimes b/c require underlying motive/goal AND Defenses Rule of Lenity Reqs strict construction of statutes; ambig in favor of D Def. of Crime Act that results in societal punishment of wrongdoers Not Recognized – fair import of terms to promote justice/effect objective of statute Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests Hate Crimes - motive can increase punishment If selecting V based on identified group (race, religion, etc.) severity of punishment upgraded to next Degree Not recognized – fair import to further justice/objectives Conduct does NOT constitute an offense unless it is defined as an offense by statute, ord, order of county comm’r ct, or rule auth’d by and lawfully adopted under a statute Conduct Act Voluntary Actus Reus Common Law Model Penal Code Dressler – A.R. = Voluntary Act + Causes + Social Harm Voluntary act or omission to Voluntary act OR omission to perform an act of which he is perform an act of which he is capable physically capable OR Possession Bodily movement or muscular Bodily Movement contraction Willed contraction of the muscle Not addressed Texas Penal Code Voluntary Act, Omission or Possession Bodily movement (including speech) Not addressed Movement of body which follows our volition Includes acts committed during dissociative disorder Involuntary Habitual Acts Possession as Act Use mind Use brain -Reflexive -Spasms -Epileptic Seizure -Unconscious/asleep = Voluntary acts Knowingly procured/received property OR failed to dispossess after becoming aware of presence 1) reflex or convulsion 2) acts during unconsciousness or sleep 3) acts during hypnosis 4) any conduct not the product of the effort or determination of the actor, conscious or habitual Not Voluntary Act Knowingly obtains or receives the thing possessed or is aware of his control of the thing for a Not addrressed Not addressed Same as MPC sufficient time to permit him to terminate his control Same as CL Omission Liable ONLY where law imposes a Same as MPC duty to act AND physically capable of acting Duty to Act - Status relationships (parents, -Law defining offense provides for Same as MPC spouses) it PLUS CL categories - Contractual obligation -Creation of Risk -Voluntary Asst. – must continue -Statute – “Good Samaritan Laws” Concurrence: Must have a M.R. that occurs at the same time as the voluntary act (conduct) that caused the social harm (not the result however) Violations Not addressed Do NOT require voluntary act Requires a Voluntary Act or MR Omission/Right to Die No legal Defense to Euthenasia Same Same Good Samaritan Laws BUT some courts may characterize an omission to act in the medical setting an Omission rather than a “Commission” if it can be seen as a failure to provide “life-prolonging” care. When patient has no meaningful chance of medical improvement. N/A N/A TPC requires immediate report of any commission of a felony if believes death/serious bodily harm will occur AND Report of aggravated sexual assault of a child/child endangerment Social Harm Social Harm – Negation, endangering, or destruction of an individual, group, or state interest which was deemed socially valuable. Society is wronged when an actor invades any socially recognized interest and diminishes its value Wrongful Conduct – harmful result not required; only socially valuable interests have been endangered (Conduct Crime) Wrongful Result - Prohibited result. Doesn’t matter how result occurs, just that it does. (Result Crime) Attendant Circumstances – certain facts or conditions that must be present when the prohibited conduct is performed/causes prohibited result. Social harm does not occur w/o attendant circumstances. (i.e. – burglary – dwelling of another) Constitution Limits what may be deemed a social harm (i.e. freedom of speech) Causation (only issue in result-oriented crimes) Common Law Model Penal Code Texas Penal Code Factual Cause (Actual But For Test – but for the voluntary Cause – an antecedent but for But For – liable if the result Cause) act of the D, the harm would not which the result of in question would not have occurred but for have occurred when it did  would not have occurred (same his conduct Factual Cause as But For) Factual Cause (Accelerating Result) Factual Cause (Concurrent Sufficient Causes) (i.e. independent acts of D’s simultaneously cause the same harmful result) Did D’s act accelerate the result  if yes, then cause in fact as well Same a CL – result in question described as death from 2 mortal wounds. But For Test – but for the voluntary Same a CL – result in question act of the D, the harm would not described as death from 2 mortal have occurred when AND as it did wounds.  Factual Cause If acting in concert – could find N/A N/A Factual Cause – “Obstructed Cause” (some other force actually causes harmful result) Proximate Cause (Direct Cause) Proximate Cause (Foreseeability) each liable under complicity EX – D1 shoots V in stomach, D2 simultaneously shoots V in head 3 times D1 attempted murder, but D2 actually caused murder (efforts obstructed by separate force) Act that is the direct cause of a social harm is also the proximate cause (no event of causal significance intervened) Once Factual Cause established asks was the harmful result a foreseeable consequence of the wrongful conduct? Same as CL N/A Prox Cause Not Expressly Used by MPC But For + exception below Not Culpable UNLESS actual result was not “too remote or accidental in its occurrence to have a just bearing on actor’s conduct If no M.R. required – causation not established unless actual result is a probable consequence of the actor’s conduct. Foreseeability Depends on Mental State: 1) Purposefully/Knowingly – causation still occurs if only diff. is b/w the actual offense committed v. target offense/person actually hurt v. target. (MPC’s TI) Still criminally Liable if only diff: 1) diff. offense OR 2) diff. victim Proximate Cause (Intervening/Superseding Causes) Superseding Cause – relieved of CL. Factors Considered 1) De Minimis Contribution – too trivial of a causal role relieve 2) Forseeability (key)*** Responsive – reacting to D’s wrongful conduct is foreseeable; NO relief (gross neg. medical trtmt is not foreseeable) Coincidental – does not occur in response to D’s conduct (places V in situation where intervening cause could act upon V) – Relieves UNLESS foreseeable 3) D’s Mens Rea – intended consequences never too remote. No relief if result intended actually occurred. 4) Apparent Safety Doctrine – D’s active force has come to rest in pos. of apparent safety, court will not follow it down causal chain 5) Free, Deliberate, Informed Human Intervention (i.e. V chooses to do something voluntarily – Does not Follow BUT FOR - UNLESS concurrent cause was clearly sufficient to produce the result AND the conduct of the actor clearly insufficient sleeping outside in cold) A.R. 6) Omissions rarely supersede prior wrongful conduct Complicity Theory (extent to which one person can be liable for conduct of another) 2 Theories: 1) Accomplice to OR 2) Conspiracy w/ party committing offense (generally both apply, but can be separate) Common Law MPC TPC Categories: Apply to Felonies Only One who w/ purpose of Person who w/ intent to promote All are Princ. In 1st degree for promoting or facilitating the or assist in commission of an misdemeanors commission of an offense: offense: -solicits -solicits Princ. 1st Degree – perpetrator -aids or agrees to aid -encourages -attempts to aid -directs Princ. 2nd Degree – at scene -fails to prevent if legal duty -aids OR aid/abetted (could be exists -attempts to aid another person tried/convicted of same or to commit an offense high/low degree crime before or 3 Situations: after PFD) -acting w/ M.R. required causing OR -mere presence not enough innocent party to engage in -must actually aid-causation (as conduct -acting w/ M.R. required causing opposed to MPC and TPC attempt) -law defining offense makes liable innocent party to engage in -accomplice of another person in conduct Access. Before Fact – not at scene commission of offense (see above) but aided/abetted before crime Mere presence not enough (conviction/liability dependent on PFD outcome) Access. After Fact – rendered asst. after crime complete knowing PFD to be a felon. Hindering M.R. Liability Vicarious Liability Def. Vicarious Liability (Corp.’s) apprehension, prosecution and/or punishment (Modern – separate crime) 1) Intent to aid/abet AND 2) required M.R. of target offense Majority hold must have both (reject liability for knowing w/o purpose for substantive crime) Accomp. May be liable not only for target crime, BUT also for other crimes committed by principal that were a natural and probable consequence of offense accomplice intended to aid (reasonably foreseeable) 1) Purpose to promote AND 2) required M.R. of target offense Intent (same as MPC) Reject liability for knowing w/o purpose Rejects Pinkerton and natural and probable consequences Adopts Pinkerton Rule for conspiracy Guilty of offense if he commits it by his own conduct (criminal attempt even if target not completed) or by the conduct of another person for which he accountable, or both Adopts MPC criminal attempt even if target not completed No NPCR Relates only to a SPECIFIC offense DOES NOT extend beyond the purpose he shares w/ actor Imposes liability of a fault-less individual for the criminal conduct of another, typically an ER for actions of his EE’s May be imposed when: No capacity to commit a crime Corporation may be convicted of (incapable of forming M.R.) 1) Violation per MPC or any offense that a natural commission of offense defined by person could be convicted of ER not liable for unauthorized other statute committed by agent criminal conduct of EE w/in scope of employment Agent’s, BOD, and Exec. Mgmt 2) Omission to discharge must be acting on behalf of Corp Dispenses w/ conduct (A.R.) and only leaves M.R. required by law (typically negligent) Liability A.R. affirmative duty imposed on Corp. by law 3) Commission of offense authorized/requested or recklessly tolerated by BOD or other Executive Mgmt Authorized agent acting on behalf of Corp. is also personally liable for same offense if provided by law Inchoate Crimes Attempt Common Law MPC All consider misdemeanors Same as target EXCEPT for capital or 1st degree felonies (move to 2nd degree) An act beyond mere 3 Approaches preparation 1) Actor purposefully engages in Tests: conduct that would constitute the -Last Act – all acts necessary to crime if the attendant complete circumstances were as he -Physical Proximity – actor’s believed them to be (completed conduct must be proximate to conduct crimes only) completed crime -Dangerous Proximity – dangerous 2) Accused does/omits to do proximity to success anything w/ purpose of causing -Indispensable Element – not or belief that it will cause the attempt until possess necessary result w/o further conduct on his w/in scope of employment May be liable for criminally negligent homicide TPC One degree LESS than target crime (except Class C misdemeanors) He does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended instrumentality -Probable Desistance – attempt if w/o interruption unlikely to desist -Unequivocality – conduct alone unambiguously manifests criminal intent Factors: -dangerously close to causing tangible harm -seriousness of threatened harmed -strength of M.R. evidence part (completed result-oriented crimes only) 3) Purposely does/omits to do anything, which under circumstances as he believes them to be, is an act or omission constituting a substantial step in the course of conduct planned to culminate in his commission of the crime (incomplete crimes) Substantial Step = strongly corroborative of criminal intent M.R. Merger Specific Intent Yes, attempt merges w/ completed crime (cannot be convicted of both As a matter of law corroborative: -lying in wait -searching for victim -unlawful entry into structure -possession of material necessary to commit crime M.R. required for commission of target offense Same as CL Specific intent to commit an offense Cannot attempt a crime whose M.R. is reckless/negligent (since requires specific intent) Silent but safe to assume same as CL and MPC for same completed target crime) Defense of that crime was actually completed? Relation to Criminal Attempt A.R. Applies only to continuing course of conduct, not separate attempts Accepted Reject Reject N/A N/A Person who engages in conduct designed to aid in the commission of an offense that would establish complicity if the crime were committed by the other person is guilty of attempt although the crime is not completed or even attempted by other person Conspiracy Common Law MPC Agrmt b/w 2+ to do an unlawful W/ purpose of act or a lawful act through promoting/facilitating unlawful means commission of any offense a person: No overt act required 1) agrees w/ other that they/one Tacit agrmt could be inferred by of them will engage in conduct conduct OR Object does not have to be criminal act 2) agrees to aid person in planning/commission of conduct that constitutes the crime, an TPC Agrmt b/w 1+ persons w/ intent to commit a felony to engage in conduct that would constitute the offense Over Act in furtherance Required attempt or solicitation Over Act Required (except for 1st and 2nd degree felonies) Object limited to criminal acts only M.R. Bilateral/Unilateral Specific Intent (as to agrmt and completion of target) Bilateral (actual agrmt b/w all parties required) Duration (important for SOL) Must have at least 2 guilty minds Ends when its object is complete Liability Misdemeanor Merger No Merger Purposeful (promoting/facilitating commission) Even when prupose is not element of target crime Unilateral (only accused must agree and believe) Ends when its object crime is complete or prior to SOL no overt act is committed or agrmt is abandoned Same level as target (except 1st degree) Intentional (to commit felony) Bilateral Until criminal objective is achieved or abandoned One level LOWER than target offense (limit down to class A misdemeanor) Multiple targets  based on most serious target offense Merger UNLESS agrmt includes No merger additional offenses not yet committed/attempted Scope of Parties To be co-conspirators must have a general awareness of both the scope and the objective of the enterprise AND 2) Community of interest among the parties OR reason to know of each other’s existence Do not need to know identity or even existence of every other member Co-conspirators IF knows C/L person he conspired w/ has also conspired w/ others, EVEN if does know identity CANNOT be a party to conspiracy if the person is of a class protected by the statute (i.e. statutory rape victim) OR was inevitably incidental to commission (i.e. seeking unlawful abortion) Chain/Wheel conspiracies Scope of Objectives Wharton’s Rule CANNOT be a party to conspiracy if the person is of a class protected by the statute (i.e. statutory rape victim) Generally treat the initial agrmt b/w parties as one that implicity incorporates later objectives Agrmt. By 2 ppl to commit offense that by definition requires voluntary participation of 2 ppl cannot be conspiracy EXCEPTIONS: BUT unilateral so other party still may be convicted of conspiracy One conspiracy IF: 1) part of same agrmt 2) part of continuous conspiratorial relationship Not recognized MPC Silent