Lessons by Subject Outline - Criminal Law | CALI


crim law outline

The Criminal Law Index lists all CALI lessons covering Criminal Law. Subject Outline. Overview Punishment Theories Punishment: Theories (CRIM11) Retribution; Deterrence; Incapacitation; Rehabilitation; Sources of Criminal Law Sources of Criminal Law (CRIM14) Branches of government; Levels of government; Model Penal Code; Constitutional Limits Legality. CRIMINAL LAW OUTLINE PRIMA FACIE CASE. Four main elements for criminal liability. The voluntary criminal act (actus reus) The criminal state of mind (mens rea) Concurrence between actus reus and mens rea (result doesn’t matter) Causation of harm. The absence of a defense of justification or excuse. OVERVIEW. A. Sources of Criminal Law. 1. • Holding (majority): Trial by jury in criminal cases is fundamental to the American scheme of justice. The 14th Amendment guarantees a right of jury trial in all criminal cases which (if tried under a federal court) would come within the 6th Amendment guarantee to a jury trial in criminal cases.

Criminal Law Outline

Word List 3. The common law versus statutes. What is a crime? Jury nullification. Theories of punishment 4. Differences between the theories. The principle of legality. Burden of proof 7. The Winship doctrine.

The elements of a crime. Actus reus, crim law outline. Voluntary act 8. Social harm. Mens rea. Transferred intent 9. General versus specific intent 9. Kinds of culpability, crim law outline. Mistake of fact Mistake of law., crim law outline. Actual cause. Crim law outline cause. Criminal homicide. Model Penal Code on criminal homicide. Adequate provocation, crim law outline.

The reasonable man. Depraved-heart murder. The felony-murder rule. The resistance requirement The common law rule of resistance. The mens rea of rape and mistake of fact Rape shield laws.

Common law principles. Cultural defenses. Inchoate offenses. Conspiracy and solicitation. Attempt Actus reus of attempt Tests for attempt Defenses to attempt Factual impossibility versus legal impossibility. Mens rea of accomplice liability. Foreseeable consequences doctrine. Exam advice. What Dressler looks for on tests. The exam instructions.

The exam itself Outlining on the exam. Writing an essay question. Multi-party cases. Multi-crime cases. Word List. Innocent instrumentality doctrine. Common Law is judge-made law — the basis of what we learn. At common law, crim law outline, there were eight felonies. Now, virtually anything is a crime. Almost all states have abolished common law offenses.

The Model Penal Code says that common law crimes are out the window. Common law crimes: Arson is defined as the intentional or reckless burning of the dwelling house of another. Burglary is defined as breaking and entering the dwelling crim law outline of another at night with the intent to commit a felony therein.

Murder is the killing of a human being by another human being with malice aforethought. Pretty much all criminal law is now statutory. The common law has been grafted onto the statutes. Say some that what makes a crime different from a civil matter is the condemnation of the communitywhich is more important than the punishment.

Will this law be effective except by coincidence? You have to know how the law is going to apply to you. The jury is totally secret. An acquittal from a jury is absolutely, positively final.

Therefore, the jury can always acquit the defendant for any reason without being subject to sanction or appeal. Should juries have this power? Advocates say that jury nullification protects against convictions that are legal but not moral. Crim law outline say that juries ought not to use nullification, because in practice it has had more negative effects than positive effects and because it results in the jury breaking their oath. State v. Ragland — Must a jury be informed of its nullification power in order for a verdict it returns to be valid?

There crim law outline no rule, which is why the court must make its decision on the basis of policy. Theories of punishment. Utilitarianism and retribution are the most important tools we will use to study the criminal justice system. We have a duty to be able to explain why we are punishing people. There are two questions involved in how we distribute justice: 1 Whom do we punish?

How do we distribute justice on a case-by-case basis? Utilitarianism is forward-looking and tries to deter future bad conduct while increasing happiness and reducing pain. Utilitarians believe that both crime and punishment are evils to be avoided.

Human beings must be characterized by seeking pleasure and avoiding pain. We must be able to do the calculations; we must be rational. Forms of utilitarianism: 1 General deterrence — when you punish one person for a crime in order to send a message to society. Rule-utilitarian — What would be the better outcome if we announced this to the entire world? What would be the utilitarian effect? Retributivists focus on people having free choice or free will. This is kind of a disguised utilitarianism: if people hate a criminal, they will institution private justice.

So with the criminal justice system, crim law outline, we prevent vigilantism. This views a criminal as a worthless human being who deserves what they get. The importance of the theory is that it views the criminal as having the right to be punished.

Utilitarians sound like economists trying to come up with an empirical justification for punishment and talk about profit. Retributivists crim law outline as moralists do and talk about just deserts. Retributivism makes us look to our moral roots. Actually, some forms of retributivism turn out to be forms of utilitarianism.

It is plausible to argue as a utilitarian, given a particular situation, that punishing an innocent person would be the right thing to do. Is this enough to abandon utilitarianism? Could a retributivist punish an innocent person? Categorically: no.



crim law outline


DRESSLER CRIMINAL LAW OUTLINE I. INTRODUCTORY POINTS A. Sources of Criminal Law. 1. Common Law. 2. Statutes Derived from Common Law. 3. Model Penal Code. 4. (Bill of Rights) B. Criminal Law v. Civil Law 1. Criminal a. Defendant is punished (incarcerated) b. The criminal conviction itself says defendant is a moral wrongdoer. It is a condemnation by. Professionally written and fully accessible 24/7 on desktop, tablet, and mobile devices, Quimbee’s Criminal Law Outline covers the criminal justice system in the United States, the elements of a crime, homicide, property crimes, inchoate offenses, defenses, and punishment. • Holding (majority): Trial by jury in criminal cases is fundamental to the American scheme of justice. The 14th Amendment guarantees a right of jury trial in all criminal cases which (if tried under a federal court) would come within the 6th Amendment guarantee to a jury trial in criminal cases.