CRIMINAL LAW
SUMMER 2011
TA SESSION NOTES
Chapter 3
The Basic Structure of American Criminal Law
MODEL PENAL CODE
“Principal text in criminal law teaching.”
 Only a model and no State or jurisdiction has
adopted it in its entirety.
 MPC is a piece of legislation, and its goal was to
transfer the power to make criminal law from the
common-law making judiciary to the statutemaking legislature.
 MPC is comprehensive.
 MPC is a code.


The code is pragmatic.
THE BUILDING BLOCKS OF
CRIMINAL LIABILITY


Conduct + Mental State = Criminal Liability
MPC defines crime as “conduct that
unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or
public interests.”
BUILDING BLOCK OF CRIMINAL
LIABILITY
1. Does the act match the definition of a crime?
 2. If so, can the act be justified?
 3. If the act cannot be justified, can the actor be
excused?

ANALYSIS OF CRIMINAL LIABILITY

Elements of Offense?
 Justification?
 Excuse?
ELEMENTS OF THE OFFENSE

1. Conduct

Act, omission, complicity
2. Circumstance
 3. Result



Causation, But-for, Proximate Cause
4. Mode of Culpability





Purposely
Knowledge
Recklessness
Negligence
None (strict liability)
CRIMINAL CONDUCT

Justification

Justify the act itself







Self-defense
Necessity
Law enforcement
Public duty
Special responsibility
Consent
Excuses

Deals with the actor

Actor considered not guilty
 Insanity
 Infancy
 Duress
 Entrapment
 Ignorance of the law (limited)
 Provocation and Diminished Capacity
 Military Orders
 Intoxication (limited)

Generally – voluntary intoxication is no defense to criminal
conduct
THE QUEEN V. DUDLEY AND
STEPHENS
Quick Facts: Ds are convicted of the murder of
Parker and they argue that their actions were
necessary.
 Court ruled that their actions were willful
murder and that the circumstances did not
provide a legal justification for the homicide.
 NO Self defense
 NO insanity


M’naughten rule: insanity limited to persons who,
because of a mental defect, were unable to tell right
from wrong.
NO duress
 NOT necessary
