Note: This outline was prepared for Criminal Law (DeWolf, Gonzaga Law School), Fall 2004. It attempts to provide a visual supplement to the
text. It is not intended to be complete, or to substitute for the more careful discussion contained in the text.
Ch. 2
Purposes and
Principles
Ch. 3
Elements of
The Significance
Group
Just Punishment of Resulting Harm Criminality
15. Concurrence of Elements
Purposes of
Punishment
2. Principles of Crim.
Punishment
What to
Punish?
3. Sources of Crim. Law
4. Constitutional Limits
CRIMINAL LAW:
A VISUAL OUTLINE
Ch. 6
Ch. 7
Culpability
Actus Reus
Causation
14. Causation
8. Actus Reus
Mens Rea
10. Mens Rea
11. Strict Liability
12. Mistakes of Fact
13. Mistakes of Law
Proportionality
6. Proportionality
Legality
5. Legality
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Attempt
27. Attempt
28. Solicitation
Complicity
30. Complicity
Conspiracy
29. Conspiracy
Ch. 8
Chap's 4 & 5
Justification
& Excuse
Specific
Crimes
16. Defenses Generally
Justification
17. Justification
18. Self-Defense
19. Defense of Others
20. Defense of Property
21. Law Enforcement
22. Necessity
Homicide
31. Homicide
Rape
33. Rape
Theft
Excuse
23. Duress
24. Intoxication
25. Insanity
26. Diminished Capacity
32. Theft
Purposes and
Principles
Purposes of
Punishment
Principles of
Just Punishment
Fair Notice / Statute
No Retroactivity
No excessive vaguess
Retribution
Kant / Stephen
"It just feels right."
Deterrence
Bentham / Andenaes
General v. Special
Proportionality
Life Imprisonment for forgery?
(Now out of favor)
Constitutional
Limits
No Cruel & Unusual Punishment
Death Penalty?
Due Process Limits
Reform
Incapacitation
Cohen
General & Selective
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Legality
Criminal Act /
Criminal Mind
Criminal Act
(Actus Reus)
Voluntariness
Common Law
Omissions
as Acts
Causation
Criminal Mind
Mens Rea
+
General Intent
Crimes Resulting in
Harm, e.g. assault
Specific Intent
Crimes Not
Requiring Harm
(e.g. Theft; Attempt)
OR
Aggravated Degees
E.g. Murder
Role of Mistake
Model Penal Code
Element Analysis
Element Types
Culpability
Conduct
Purpose
Circumstances
Knowledge
Results
Recklessness
Negligence
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Mens Rea
Role of Mistake
Fact
Fact
Law
Common Law
Analysis of Mistake
General Intent
Mistake Must Be
Honest
and
Reasonable
Specific Intent
Model Penal Code
Analysis of Mistake
(Ignorance or Misinterpretation
of Penal Statutes)
Mistake Must Be
Honest
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MPC § 2.02(9):
Never Excuses
No Matter How
Reasonable
[Unless [2.04(3)(a)
Official Reliance]
Fact &
Non-PenalLaw
MPC § 2.04:
Negatives the
Mens Rea
Inchoate
Crimes
Attempt
Solicitation
Conspiracy
Purpose of
Accomplishing Criminal End
PLUS
MPC § 5.01
(a) "Impossibility"
(b) Last Proximate Act
--OR--
(c) Substantial Step
Strongly Corroborative
of Criminal Purpose
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Completed
Conduct that
Fizzled
Aborted
Conduct
MPC § 5.02
Encouraging
Another to
Commit Crime
MPC § 5.03
Agreement
With Another
plus
Overt Act
[§ 5.03(5)]
Group
Criminality
Complicity
Conspiracy
Mens Rea
Conduct:
Purpose to Aid
Circumstances
???
Results
§ 2.06(4): Culpability
for the Underlying
Offense is Sufficient
Actus Reus
§2.06(3)(a)(ii)
Aids or agrees or
Attempts to Aid
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Common Law
(Feds)
Pinkerton Rule
(Liability Extends to
Acts Inferrable from
Scope of Conspiracy)
No Merger
Separate Punishment
for Conspiracy and
Substantive Crime
Model Penal Code
Liability Only for
Crimes Actually
Agreed To
§1.07
Conspiracy Count
Merges With
Substantive Count
Justification
& Excuse
Justification
Protecting Life
and Person
Protecting Property /
Law Enforcement
§§ 3.04 / 3.10: Genuine
Belief Justifies, but
Recklessness or Negligence
Liability Still Available
Excuse
Duress
[MPC § 2.07]
(Voluntary)
Intoxication
[MPC § 2.08]
Residual (Necessity): §3.02, "Choice of Evils"-MPC doesn't require imminence; most states do
Mental Disorder
[MPC § 4.01]
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Person of
Reasonable Firmness
Couldn't Resist
Purpose or Knowledge:
May Negative Mens Rea
Recklessness or Neg.:
Intoxication No Defense
Cognitive Prong
Must Appreciate Wrongfulness
Control Prong
Able to Conform Conduct to Law?
Particular
Crimes
Common Law
Murder
(Malice Aforethought)
HOMICIDE
MPC
Manslaughter
(Other)
Murder
§ 210.2
(a) Purposely or
knowingly
(b) Recklessly w/
extreme indifference
Presumed if felony murder
Manslaughter
§ 210.3
(a) Recklessly
(b) Murder except under
extreme disturbance
Negligent Homicide
§ 210.4
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Particular
Crimes
RAPE
Sexual Intercourse
with a female not
his wife
Marital Rape?
PLUS one of the following:
Force / Compulsion
Unconscious
Mens Rea=Reckless
Drugged
Mens Rea=Purpose
< 10 yrs old
Mens Rea=SL
1st ° unless date or
previous liberties
1st ° if serious
bodily injury
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