If defendant claims no voluntary act, most jurisdictions will require the defendant only to raise a reasonable doubt. In order to be found guilty, you must either do something or not do something that you were physically capable of doing.
Defense of Self and Others Majority rule: If a statute is so unclear that a person of reasonable intelligence would have to guess at its meaning, it is unconstitutional, unless tradition provides the meaning.
Agency is required to attach blame to a person, rather than merely a human body. It was never lawful to take active steps to cause or accelerate death, although in certain circumstances it was lawful to withhold life sustaining treatment, including feeding, without which the patient would die.
Because the legislature has so much control over creating punishments, a punishment can be declared cruel and unusual because it is disproportionate to the crime only in extreme Criminal law outline Harmelin v.
A person commits or attempts to commit terrorism, rape, kidnapping, vehicular piracy, robbery, aggravated robbery, residential burglary, commercial burglary, a felony violation of the Uniformed Controlled Substances Act involving actual delivery of a controlled substance, first degree escape, and in the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life, or the person commits arson and causes the death of any person.
States can place the burden on whomever they want, and most choose to place the burden upon the defendant. Courts would generally consider the potential punishment and statement of purpose found in the statute when determining whether or not it was a strict liability crime.
Jury trial when jury sworn.
No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures.
MPC allows for the defense of voluntary intoxication by illegal drugs the same as voluntary intoxication by alcohol.
Right to Jury Trial: The actor should be aware of a substantial and unjustifiable risk. If you have no legal duty to act, but you start to act, but then quit, you Criminal law outline have a duty if by having started then quitting you put the person in a worse position than if you had done nothing at all.
Assault in California is a general intent crime, requiring only that a reasonable person would know that an act would create a battery People v.
An actus reus may be nullified by an absence of causation. Negative Defenses force actus reus One is not liable for an act that someone else forces the defendant to do e.
Effective Assistance of Counsel: Omission Two forms of omission liability: If the law says that your omission makes the crime, or if you breach a duty imposed by law.
Under the MPC, the right to self-defense is recovered when the encounter comes to an end. Not all crimes require specific intent, and the threshold of culpability required may be reduced or demoted.
Decina — Decina says he should be acquitted because he committed no voluntary act. Murder and Culpable homicide A murder, defined broadly, is an unlawful killing. If successful, defendant will usually be found guilty of a lesser offense requiring a lesser mental state.
There must be either P, K, R, or N with respect to each material element of an offense. Unlawful killing is probably the act most frequently targeted by the criminal law. Some jurisdictions said the defendant had to have knowledge while others implemented a reasonable person test.
There is a debate over whether the right-wrong test should be applied to moral or legal right and wrong.C. Limits on the Criminal Law State and federal legislation is subject to the strictures of the United States Constitution (and, with state laws, the constitution of the relevant state).
Criminal Law. Use Quimbee’s Criminal Law Outline and Quickline to ace your final exam in criminal law or supplement your preparation for the Multistate Bar Examination (MBE). Fall Kimberly Parks. The Criminal Justice System: 1) Huge volume of cases.
2) Mismatch between volume & level of resources available. 3) Enormous selectivity in cases that go into system. Criminal Law Outline: Criminal Law. Outline. Cases.
Criminal Laws. The legislature is generally free to define crimes and apply punishments as it sees fit, as long as they don't violate the constitution (Bowers v. Hardwick, Shatz, 95). Punishment. Forms of punishment fall into the following categories (United States v. Lessons by Subject Outline - Criminal Law This Subject Outline allows you to search for terms of art that correspond to topics you are studying to find related CALI Lessons.
The Criminal Law Index lists all CALI lessons covering Criminal Law. In this post, I provide my Criminal Law outline from law school to help current law students with their studies.Download