Criminal Law Process Overview

Criminal Law Outline

• I. The Criminal Law Process

  • A. Actus Reus
    • Voluntary acts are willed bodily movements, not including sleepwalking, hypnosis, or seizures.
    • Conditioned responses to stimuli are not admissible.
  • B. Omissions
    • Failure to act can be criminal if a legal duty exists (e.g., statutes, relationships, contracts).
    • Excludes friendly relationships.
    • Responsibility for voluntarily assuming care of another, isolating them from help.
  • C. Bystanders
    • Bystanders not criminally responsible unless legal duty exists.
    • Prosecutors sometimes use argument of encouraging crime by bystanders.
  • D. Causation
    • Two-step process: actual cause (but-for test) and proximate cause (foreseeability test).
    • Substantial factors test used when multiple causes lead to result.
    • Acceleration determines if the defendant's actions sped the result.

• II. Offenses

  • I. Intentional Murder
    • Unlawful killing with malice aforethought.
    • Different jurisdictions have varying definitions and grading of murder (First-degree, Second-degree, etc).
  • A. COMMON LAW APPROACH
    • Implied Malice Murder (e.g., killings during felonies, depraved-heart murder).
    • Express Malice Murder (intentional killing).
  • B. GRADING JURISDICTIONS
    • First-degree murder requires premeditation and deliberation.
    • Second-degree murder is any killing with malice aforethought not meeting first-degree murder criteria.
  • C. MODEL PENAL CODE APPROACH
    • Intentional murders with a purposely objective to kill another human being.
    • Reckless indifference to human life.

• III. Manslaughter

  • A. Voluntary Manslaughter
    • A killing arising from adequate provocation causing intense emotion.
    • Examples: mutual combat, discovering adultery, or severe assault.
    • Adequate provocation is required, with words not usually sufficient.
    • Killing must be in the heat of passion, with no cooling-off period.
  • B. Involuntary Manslaughter
    • Unintended killing through recklessness or negligence.
      • Gross deviations from the standard of care.
    • Reasonable person test, and the actor's situation.
  • C. Negligent Homicide
    • Unintended killing due to negligence.
    • Ordinary/gross negligence.
  • D. Misdemeanor Manslaughter Rule
    • Killing occurs during commission of unlawful act (less serious than a felony).
  • E. Common Law (CL) approach includes the following:
  • Force-based (or threats) and lack of consent are essential components of rape.
  • Forcible sexual encounters must happen without consent to fall under rape.

• IV. Felony Murder

  • Death during the commission of one of many offenses.
  • Felony must be separate or inherently dangerous.

• V. Rape

  • Unlawful sexual intercourse without consent.
  • Force, threat of force, or incapacitation are required in many jurisdictions.
  • Statutory rape (underage consent) is an exception.

• VI. Battery

  • Harmful or offensive physical conduct.
  • Usually includes direct or indirect physical force.
  • Consent can sometimes be a defense.

• VII. Assault

  • Attempted battery or placing another in apprehension of battery.
  • Threat is important along with reasonable apprehension of physical harm.

• VIII. Kidnapping

  • Unlawful confinement and movement of another person.
  • Minimum requirement of movement.
  • Can be aggravated offenses when some injury occurs.

• IX. Property Crimes

  • A. Larceny
    • Trespassory taking (without consent) and carrying away of personal property with intent of permanent deprivation.
    • B. Larceny by Trick
    • Fraudulently obtaining possessions with intent of deprivation using false representations.
      • Example: Lying.
    • C. False Pretenses
    • Obtaining title to property through false representation with intent to defraud.
    • Ex: Lying.
  • D. Extortion and Blackmail
    • Obtaining property or benefit by threatening future harm.
  • E. Embezzlement
    • Conversion of property by someone who lawfully possessed it (with intent to keep it).
  • F. Robbery
    • Taking property from a person or in their immediate presence by force or threat of force.
  • G. Burglary
    • Unlawful entry into a building with intent to commit a felony.
  • H. Arson
    • Malicious burning of a building.

• III. Inchoate Offenses

  • A. Attempt
    • Taking substantial steps toward completing a crime.
    • Defenses, like factual impossibility, can occur.
  • B. Conspiracy
    • Agreement between two or more people to commit a crime.
    • Overt acts could be required in some jurisdictions.
  • C. Solicitation
    • Encouraging or advising another person to commit a crime.

• IV. Justification and Excuses

  • A. Self-defense
    • Reasonable belief of imminent threat of harm, with necessary force.
  • B. Necessity
    • Committing a crime to prevent a greater harm.
    • No other options, and the crime is reasonable.
  • C. Duress
    • Committing a crime under immediate threat of harm to oneself or another.
  • D. Intoxication
    • Voluntary intoxication generally not a defense for most crimes.
  • E. Insanity
    • Mental illness as a defense for certain crimes.

• V. Defenses

  • A. M'Naghten Test
    • Defendant unable to understand the nature and quality of the act or its wrongfulness.
  • B. Irresistible Impulse Test
    • Defendant was unable to control their actions due to a mental disease.
  • C. Durham Test
    • All criminal acts were the result of a mental illness.
  • D. MPC Test/ Substantial Capacity Test
    • Defendant unable to know/control their actions due to mental disorder.
  • E. Diminished Capacity
    • Mental condition lessens responsibility for but does not eliminate criminal culpability.