Principle of legality every crime Rule of lenity Statutes should be
must be defined by a statute or CL interpreted in favor of D as far as it
in advance of conduct charged. may reasonably permit. Was a Crime Committed? Statutory Interpretation when a 1. absence of statute (prin. of statute is less than fully clear, cts. legality) resort to techniques to try to 2. If statute, argue statute is vague construct legislative intent Vagueness statute is vague if - Search for original intent: men of common ord. intelligence Inquire into what the legislature must necessarily guess at meaning intended, what legislation at time and differ in its application law was enacted would have 3. If there is no vagueness, use wanted the statute to mean. rules of stat. construction to argue - Common law background, read statute doesnt reach your client. CL language into statute 4. Voluntariness requirement: no - Examine legislative history for exercise of clients will (no mens clues to legislatures intentions for rea) passing the statute 5. Omissions client didnt act, -Harmonizing w/ other statutes they omitted and there was no legal duty to act Voluntary act requirement 6. no causation liability has to rest on conduct w/ at least one voluntary act, bodily Vagueness considerations movement done/not done as an -How important is the law exercise of will. enforcement need? More important, then less likely to be found vague. Omission To be prosecuted based -How seriously does this statute on omission, must be accompanied threaten exercise of civil liberties? by CL or statutory duty to act. In -Is there more precise language CL, duties include personal rel., readily available? creation of peril, K, voluntary assumption of care, control conduct Mens rea of others (ex. employer over Specific intent subjective std., employee), landowner status. requires showing D possessed certain state of mind when Causation Actual and proximate committing crime cause of Ds vol. conduct required General intent (most CL juris.) to show criminally liable. objective std., what the reasonable Mens rea in MPC 2.02 person in Ds situation should have For every material element (conduct, circumstance or been aware of and acted. result), one of 4 culpability levels must be shown: -Purpose w/ desire or conscious object when Mistake of fact (CL) D claim modifying conduct or result, w/ awareness or belief that he/she lacked mens rea, when modifying circumstances misunderstood some pertinent fact -Knowledge: risk needs to be virtually certain about world -Recklessness: conscious disregard for a substantial When showing gen. intent, must and unjustifiable risk that material element [ex. death, show mistake was reasonable injury] exists When showing specific intent, must Disregard involves gross departure from std of conduct show made in good faith (honestly) law-abiding person would do in situation Mistake of fact (MPC) Negligence: should have been aware of a substantial Hierarchial; when element of and unjustifiable risk that the material element would offense req. showing of P/K, any result. reckless, negligent or reas. mistake Culpability levels are on continuum of obj. to subj.: will exculpate D, etc. negligence objective, recklessness more subj. MPC 2.02 (4) addresses scope of MPC 2.02 (3): Recklessness default if no other indic. culp. req., any single culp. term in given in statute (read as requiring recklessness shown a statute applies to all elements of as to each element statute, unless a contrary purpose MPC 2.02(5) establishes hierarchy among culp. lvls. plainly appears [look at grammar]. If can satisfy higher culpability, can establish lower Murder (CL) 4 categories of homicide committed with malice aforethought (1) where D intended to kill or knew that death would result (2) where D intended to inflict GBI (3) D manifested extreme recklessness w/ respect to life (4) homicides resulting when D was committing a felony (felony murder) States usually say 1st degree displays an intent/purpose to kill (wilful), a design to kill (premeditation) and coolness and reflection (deliberation). 2nd degree = everything else Intention to inflict GBI (or knowledge that conduct will result in GBI) suffices to estab. murder. Murder (MPC) (1) purposely or knowingly causing death of another; or (2) recklessly causing death under circum. manifesting extreme indiff. to human life. MPC does NOT recognize as category of murder where only GBI intended and death results (usually held to lesser form of homicide, ex. manslaughter)