1. CRIMINAL LAW SUMMER 2011 TA SESSION NOTES Chapter 3 The Basic Structure of American Criminal Law

2. 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 statute- making legislature. MPC is comprehensive. MPC is a code. The code is pragmatic.

3. 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.”

4. 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 ?

5. ANALYSIS OF CRIMINAL LIABILITY Elements of Offense? Justification? Excuse?

6. 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)

7. 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

8. 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