Note: This outline was prepared for Criminal Law (DeWolf, Gonzaga Law School), Fall 2004.

It attempts to provide a visual supplement to the text. It is not intended to be complete, or to substitute for the more careful discussion contained in the text.

Ch. 2 Purposes and Principles

Purposes of Punishment
2. Principles of Crim. Punishment

Ch. 3

CRIMINAL LAW: A VISUAL OUTLINE Ch. 6 Ch. 7

Ch. 8 Justification & Excuse

16. Defenses Generally

Chap's 4 & 5 Specific Crimes

Homicide
31. Homicide

Elements of The Significance Group Just Punishment of Resulting Harm Criminality

15. Concurrence of Elements

Culpability
Actus Reus
8. Actus Reus

Causation
14. Causation

Complicity
30. Complicity

Justification
17. Justification 18. Self-Defense 19. Defense of Others 20. Defense of Property 21. Law Enforcement 22. Necessity

What to Punish?
3. Sources of Crim. Law 4. Constitutional Limits

Mens Rea
10. Mens Rea 11. Strict Liability 12. Mistakes of Fact 13. Mistakes of Law

Attempt
27. Attempt 28. Solicitation

Conspiracy
29. Conspiracy

Rape
33. Rape

Theft Excuse
23. Duress 24. Intoxication 25. Insanity 26. Diminished Capacity 32. Theft

Proportionality
6. Proportionality

Legality
5. Legality

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Purposes and Principles Purposes of Punishment Retribution Deterrence Reform Incapacitation Kant / Stephen "It just feels right." Bentham / Andenaes General v. Special (Now out of favor) Cohen General & Selective Principles of Just Punishment Legality Proportionality Constitutional Limits

Fair Notice / Statute No Retroactivity No excessive vaguess Life Imprisonment for forgery? No Cruel & Unusual Punishment Death Penalty? Due Process Limits

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Criminal Act / Criminal Mind

Criminal Act (Actus Reus) Voluntariness Omissions as Acts Causation

+
Common Law General Intent

Criminal Mind Mens Rea

Role of Mistake Model Penal Code Element Analysis

Specific Intent

Element Types Conduct Circumstances Results

Culpability Purpose Knowledge Recklessness Negligence

Crimes Resulting in Harm, e.g. assault

Crimes Not Requiring Harm (e.g. Theft; Attempt) OR Aggravated Degees E.g. Murder

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Mens Rea Role of Mistake Fact Common Law Analysis of Mistake Law Model Penal Code Analysis of Mistake (Ignorance or Misinterpretation of Penal Statutes) MPC 2.02(9): Never Excuses No Matter How Reasonable [Unless [2.04(3)(a) Official Reliance] Fact & Non-PenalLaw MPC 2.04: Negatives the Mens Rea Fact

General Intent

Specific Intent

Mistake Must Be Honest and Reasonable

Mistake Must Be Honest

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Inchoate Crimes
Attempt Solicitation Conspiracy

Purpose of Accomplishing Criminal End PLUS MPC 5.01 (a) "Impossibility" (b) Last Proximate Act (c) Substantial Step Strongly Corroborative of Criminal Purpose
--OR--

Completed Conduct that Fizzled Aborted Conduct

MPC 5.02 Encouraging Another to Commit Crime

MPC 5.03 Agreement With Another plus Overt Act [ 5.03(5)]

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Group Criminality
Complicity Mens Rea Conduct: Purpose to Aid Circumstances ??? Results 2.06(4): Culpability for the Underlying Offense is Sufficient Actus Reus 2.06(3)(a)(ii) Aids or agrees or Attempts to Aid Common Law (Feds) Pinkerton Rule (Liability Extends to Acts Inferrable from Scope of Conspiracy) No Merger Separate Punishment for Conspiracy and Substantive Crime Model Penal Code Liability Only for Crimes Actually Agreed To 1.07 Conspiracy Count Merges With Substantive Count Conspiracy

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Justification & Excuse Justification Protecting Life and Person Protecting Property / Law Enforcement Excuse Duress [MPC 2.07] Person of Reasonable Firmness Couldn't Resist Purpose or Knowledge: May Negative Mens Rea Recklessness or Neg.: Intoxication No Defense Cognitive Prong Must Appreciate Wrongfulness Control Prong Able to Conform Conduct to Law?

3.04 / 3.10: Genuine Belief Justifies, but Recklessness or Negligence Liability Still Available Residual (Necessity): 3.02, "Choice of Evils"-MPC doesn't require imminence; most states do

(Voluntary) Intoxication [MPC 2.08]

Mental Disorder [MPC 4.01]

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Particular Crimes Common Law Murder (Malice Aforethought) Manslaughter (Other)

HOMICIDE
MPC Murder 210.2 (a) Purposely or knowingly (b) Recklessly w/ extreme indifference Presumed if felony murder Manslaughter 210.3 (a) Recklessly (b) Murder except under extreme disturbance Negligent Homicide 210.4

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Particular Crimes Sexual Intercourse with a female not his wife

RAPE

Marital Rape?

PLUS one of the following:

Force / Compulsion Unconscious Drugged < 10 yrs old 1st unless date or previous liberties 1st if serious bodily injury Mens Rea=Reckless Mens Rea=Purpose Mens Rea=SL

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