Chapter 3. Modern Role of Criminal Statutes A. Principle of Legality B. Statutory Interpretation

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1 SUMMARY OF CONTENTS PREFACE TO THE SEVENTH EDITION... V PREFACE TO THE FIRST EDITION... VII COPYRIGHT ACKNOWLEDGMENTS... XIII TABLE OF CASES... XXXIX TABLE OF MODEL PENAL CODE SECTIONS... XLV Chapter 1. Introduction: Setting the Stage... 1 A. Nature, Sources, and Limits of the Criminal Law... 1 B. Criminal Law in a Procedural Context: Pre-Trial... 6 C. Criminal Law in a Procedural Context: Trial by Jury... 8 D. Proof of Guilt at Trial... 9 E. Jury Nullification Chapter 2. Principles of Punishment A. Theories of Punishment B. The Penal Theories in Action C. Proportionality of Punishment Chapter 3. Modern Role of Criminal Statutes A. Principle of Legality B. Statutory Interpretation Chapter 4. Actus Reus A. Voluntary Act B. Omissions ( Negative Acts ) C. Social Harm Chapter 5. Mens Rea A. Nature of Mens Rea B. General Issues in Proving Culpability C. Strict Liability Offenses D. Mistake and Mens Rea Chapter 6. Causation A. Actual Cause (Cause-in-Fact) B. Proximate Cause ( Legal Cause) C. Concurrence of the Elements Chapter 7. Criminal Homicide A. Overview B. Intentional Killings xxiii

2 xxiv SUMMARY OF CONTENTS C. Unintentional Killings: Unjustified Risk-Taking D. Unintentional Killings: Unlawful Conduct E. Capital Murder Chapter 8. Rape and Related Sexual Offenses A. Overview B. Forcible Rape C. Others Forms of Sexual Assault D. Rape Shield Laws E. Statutory Rape Chapter 9. General Defenses to Crimes A. Categories of Defenses B. Burden of Proof C. Principles of Justification D. Principles of Excuse E. New Defenses? Chapter 10. Inchoate Offenses A. Overview B. Attempt C. Solicitation D. Conspiracy Chapter 11. Liability for the Conduct of Another A. Accomplice Liability B. Conspiracy Liability C. Vicarious Liability D. Corporate Liability Chapter 12. Theft A. Larceny B. Embezzlement C. False Pretenses D. Federal Mail, Wire, and Computer Fraud Appendix. American Law Institute Model Penal Code INDEX

3 TABLE OF CONTENTS PREFACE TO THE SEVENTH EDITION... V PREFACE TO THE FIRST EDITION... VII COPYRIGHT ACKNOWLEDGMENTS... XIII TABLE OF CASES... XXXIX TABLE OF MODEL PENAL CODE SECTIONS... XLV Chapter 1. Introduction: Setting the Stage... 1 A. Nature, Sources, and Limits of the Criminal Law... 1 Henry M. Hart, Jr. The Aims of the Criminal Law... 1 Notes and Questions... 3 B. Criminal Law in a Procedural Context: Pre-Trial... 6 C. Criminal Law in a Procedural Context: Trial by Jury... 8 D. Proof of Guilt at Trial Proof Beyond a Reasonable Doubt... 9 Notes and Questions Enforcing the Presumption of Innocence Owens v. State Notes and Questions E. Jury Nullification Introductory Comment State v. Ragland Notes and Questions Chapter 2. Principles of Punishment Introduction: Initial Thoughts and Hard Statistics A. Theories of Punishment In General Kent Greenawalt Punishment Notes and Questions Utilitarian Justifications Jeremy Bentham An Introduction to the Principles of Morals and Legislation Notes and Questions Kent Greenawalt Punishment Notes and Questions Retributive Justifications Michael S. Moore The Moral Worth of Retribution Notes and Questions Immanuel Kant The Philosophy of Law Notes and Questions xxv

4 xxvi TABLE OF CONTENTS 2 James Fitzjames Stephen A History of the Criminal Law of England Notes and Questions Herbert Morris Persons and Punishment Notes and Questions Jeffrie G. Murphy & Jean Hampton Forgiveness and Mercy Notes and Questions B. The Penal Theories in Action Who Should Be Punished? The Queen v. Dudley and Stephens Notes and Questions How Much (and What) Punishment Should Be Imposed? People v. Superior Court (Du) People v. Du Notes and Questions United States v. Gementera Notes and Questions C. Proportionality of Punishment General Principles Immanuel Kant The Philosophy of Law Jeremy Bentham An Introduction to the Principles of Morals and Legislation Notes and Questions Constitutional Principles Coker v. Georgia Notes and Questions Ewing v. California Notes and Questions Chapter 3. Modern Role of Criminal Statutes A. Principle of Legality The Requirement of Previously Defined Conduct Commonwealth v. Mochan Notes and Questions Keeler v. Superior Court Notes and Questions The Values of Statutory Clarity In re Banks Notes and Questions Desertrain v. City of Los Angeles Notes and Questions B. Statutory Interpretation Yates v. United States Notes and Questions

5 TABLE OF CONTENTS xxvii Chapter 4. Actus Reus Introductory Comment: Defining Actus Reus A. Voluntary Act Martin v. State Notes and Questions State v. Utter Notes and Questions B. Omissions ( Negative Acts ) General Principles People v. Beardsley Notes and Questions Distinguishing Acts from Omissions Barber v. Superior Court Notes and Questions C. Social Harm Notes and Questions Chapter 5. Mens Rea A. Nature of Mens Rea United States v. Cordoba-Hincapie Notes and Questions Regina v. Cunningham Notes and Questions B. General Issues in Proving Culpability Intent People v. Conley Notes and Questions The Model Penal Code Approach Introductory Comment American Law Institute, Model Penal Code and Commentaries, Comment to Notes and Questions Knowledge of Attendant Circumstances (The Wilful Blindness Problem) State v. Nations Notes and Questions Problems in Statutory Interpretation Flores-Figueroa v. United States Notes and Questions C. Strict Liability Offenses Morissette v. United States Notes and Questions Staples v. United States Notes and Questions Garnett v. State Notes and Questions

6 xxviii TABLE OF CONTENTS D. Mistake and Mens Rea Mistake of Fact People v. Navarro Notes and Questions Mistake (or Ignorance) of Law People v. Marrero Notes and Questions Cheek v. United States Notes and Questions Chapter 6. Causation A. Actual Cause (Cause-in-Fact) Velazquez v. State Oxendine v. State Notes and Questions B. Proximate Cause ( Legal Cause) People v. Rideout Notes and Questions Velazquez v. State Notes and Questions C. Concurrence of the Elements State v. Rose Notes and Questions Chapter 7. Criminal Homicide A. Overview Homicide Statistics Common Law Origins and Statutory Reform American Law Institute, Model Penal Code and Commentaries, Comment to American Law Institute, Model Penal Code and Commentaries, Comment to Variations on the Theme: Some Homicide Statutes Notes and Questions The Protected Interest: Human Being People v. Eulo Notes and Questions B. Intentional Killings Degrees of Murder: The Deliberation-Premeditation Formula State v. Guthrie Notes and Questions Midgett v. State Notes and Questions State v. Forrest Notes and Questions

7 TABLE OF CONTENTS xxix 2. Manslaughter: Heat of Passion Killings a. Common Law Principles Girouard v. State Notes and Comments Joshua Dressler Rethinking Heat of Passion: A Defense in Search of a Rationale Joshua Dressler Why Keep the Provocation Defense?: Some Reflections on a Difficult Subject Notes and Questions b. The Reasonable Person : Provocation Law and Beyond Notes and Questions c. Model Penal Code and Beyond People v. Casassa Notes and Questions Murder Versus Manslaughter: A Literary Problem Willa Cather O Pioneers Notes and Questions C. Unintentional Killings: Unjustified Risk-Taking Introduction: A Road Map People v. Knoller Notes and Questions State v. Williams Notes and Questions D. Unintentional Killings: Unlawful Conduct The Felony-Murder Rule a. The Doctrine: In General American Law Institute, Model Penal Code and Commentaries, Comment to People v. Fuller Notes and Questions b. The Policy Debate Nelson E. Roth & Scott E. Sundby The Felony-Murder Rule: A Doctrine at Constitutional Crossroads David Crump & Susan Waite Crump In Defense of the Felony Murder Doctrine Notes and Questions c. Limitations on the Rule i. Overview James J. Tomkovicz The Endurance of the Felony- Murder Rule: A Study of the Forces That Shape Our Criminal Law ii. The Inherently Dangerous Felony Limitation People v. Howard Notes and Questions iii. The Independent Felony (or Merger) Limitation People v. Smith Notes and Questions

8 xxx TABLE OF CONTENTS iv. Killings in the Perpetration or in Furtherance of a Felony State v. Sophophone Notes and Questions Unlawful-Act Manslaughter (The Misdemeanor Manslaughter Rule) A Brain Teaser to End All Brain Teasers Notes and Questions E. Capital Murder The Constitutional and Policy Debate Introductory Comment Gregg v. Georgia Notes and Questions The Quest for Reliable Procedures Introductory Comment a. The Lingering Question of Racial Discrimination McCleskey v. Kemp Notes and Questions b. Victim Impact Evidence Payne v. Tennessee Notes and Questions Substantive Limitations on the Death Penalty Tison v. Arizona Notes and Questions Chapter 8. Rape and Related Sexual Offenses A. Overview Rape (Sexual Assault) Statistics U.S. Dept. of Justice, Bureau of Justice Statistics Female Victims of Sexual Violence, Notes and Questions Social Context Susan Estrich Rape Notes and Questions Joshua Dressler Where We Have Been, and Where We Might Be Going: Some Cautionary Reflections on Rape Law Reform Notes and Questions Variations on the Theme: Selected Sexual Offense Statutes Proposed Model Penal Code Sexual Offense Provisions B. Forcible Rape In General State v. Alston Notes and Questions Rusk v. State State v. Rusk Notes and Questions

9 TABLE OF CONTENTS xxxi 2. Moving Beyond Traditional Concepts of Forcible Rape Susan Estrich Rape Susan Ager The Incident Notes and Questions Commonwealth v. Berkowitz Notes and Questions State of New Jersey in the Interest of M.T.S Notes and Questions Mens Rea Commonwealth v. Lopez Notes and Questions C. Others Forms of Sexual Assault Boro v. Superior Court Notes and Questions D. Rape Shield Laws State v. Herndon People v. Wilhelm Notes and Questions E. Statutory Rape Garnett v. State Notes and Questions Chapter 9. General Defenses to Crimes A. Categories of Defenses Paul H. Robinson Criminal Law Defenses: A Systematic Analysis Joshua Dressler Justifications and Excuses: A Brief Review of the Concepts and the Literature Notes and Questions B. Burden of Proof Patterson v. New York Notes and Questions C. Principles of Justification Structure and Underlying Theories of Justification Defenses Paul H. Robinson Criminal Law Defenses Joshua Dressler Understanding Criminal Law Self-Defense a. General Principles United States v. Peterson Notes and Questions b. Reasonable Belief Requirement i. In General People v. Goetz Notes and Questions ii. The Reasonable Person : Objective, Subjective, or a Mixed Standard? State v. Wanrow

10 xxxii TABLE OF CONTENTS Notes and Questions iii. Battered Women, Battered Woman Syndrome and Beyond State v. Norman State v. Norman Notes and Questions Stephen J. Morse The New Syndrome Excuse Syndrome Notes and Questions Defense of Others People v. Kurr Notes and Questions Defense of Habitation/Property and Law Enforcement Defenses State v. Boyett Notes and Questions Necessity ( Choice of Evils ) a. General Principles Nelson v. State American Law Institute, Model Penal Code and Commentaries, Comment to Notes and Questions b. Civil Disobedience United States v. Schoon Notes and Questions c. Defense to Murder? The Queen v. Dudley and Stephens Notes and Questions D. Principles of Excuse Why Do We Excuse Wrongdoers? Sanford H. Kadish Excusing Crime Joshua Dressler Understanding Criminal Law Notes and Questions Duress a. General Principles United States v. Contento-Pachon Notes and Questions b. Necessity Versus Duress People v. Unger Notes and Questions c. Defense to Murder? People v. Anderson Notes and Questions Intoxication United States v. Veach Notes and Questions

11 TABLE OF CONTENTS xxxiii 4. Insanity a. Some Preliminaries i. Competency to Stand Trial ii. Pre-Trial Assertion of the Insanity Plea iii. Burden of Proof at Trial iv. Post-Trial Disposition of Insanity Acquittees b. Why Do We Excuse the Insane?: Some Initial Thoughts United States v. Freeman Notes and Questions c. Struggling for a Definition: The Tests of Insanity State v. Johnson American Law Institute, Model Penal Code and Commentaries Comment to Notes and Questions d. M Naghten and the Model Penal Code in Greater Detail State v. Wilson Notes and Questions e. An Insanity Problem Yates v. State Notes and Questions f. Should the Defense Be Abolished? American Law Institute, Model Penal Code and Commentaries Comment to Notes and Questions g. One Final Problem Edgar Allan Poe The Tell-Tale Heart Notes and Questions Diminished Capacity Stephen J. Morse Undiminished Confusion in Diminished Capacity Notes and Questions Clark v. Arizona Notes and Questions Infancy In re Devon T Notes and Questions E. New Defenses? Euthanasia Latimer v. The Queen Notes and Questions Yale Kamisar Physician Assisted Suicide: The Problems Presented by the Compelling, Heartwrenching Case Notes and Questions Addiction/Alcoholism Constitutional Defense Robinson v. California Notes and Questions Powell v. Texas

12 xxxiv TABLE OF CONTENTS Notes and Questions Severe Environmental Deprivation Defense Richard Delgado Rotten Social Background : Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation? Notes and Questions Cultural Defense State v. Kargar Notes and Questions The Cultural Defense in the Criminal Law Notes and Questions Chapter 10. Inchoate Offenses A. Overview American Law Institute Model Penal Code and Commentaries, Comment to Article Notes and Questions B. Attempt General Principles Ira P. Robbins Double Inchoate Crimes Notes and Questions Andrew Ashworth Criminal Attempts and the Role of Resulting Harm Under the Code, and in the Common Law Notes and Questions Grading Criminal Attempts American Law Institute, Model Penal Code and Commentaries, Comment to Notes and Questions Mens Rea People v. Gentry Notes and Questions Bruce v. State Notes and Questions Actus Reus a. General Principles United States v. Mandujano Notes and Questions Notes and Questions b. Distinguishing Preparation from Perpetration: The Tests at Work Commonwealth v. Peaslee Notes and Questions People v. Rizzo Notes and Questions People v. Miller Notes and Questions

13 TABLE OF CONTENTS xxxv State v. Reeves Notes and Questions Special Defenses a. Impossibility People v. Thousand Notes and Questions b. Abandonment Commonwealth v. McCloskey Notes and Questions Assault American Law Institute, Model Penal Code and Commentaries, Comment to Notes and Questions Punishing Pre-Attempt Conduct United States v. Alkhabaz Notes and Questions C. Solicitation State v. Mann Notes and Questions State v. Cotton Notes and Questions D. Conspiracy General Principles People v. Carter Notes and Questions Pinkerton v. United States Notes and Questions Mens Rea People v. Swain Notes and Questions People v. Lauria Notes and Questions Actus Reus Abraham S. Goldstein Conspiracy to Defraud the United States Notes and Questions Commonwealth v. Azim Notes and Questions Commonwealth v. Cook Notes and Questions Conspiracy: Bilateral or Unilateral? People v. Foster Notes and Questions Scope of an Agreement: Party and Object Dimensions American Law Institute, Model Penal Code and Commentaries, Comment to Kilgore v. State

14 xxxvi TABLE OF CONTENTS Notes and Questions Braverman v. United States Notes and Questions Defenses Iannelli v. United States Notes and Questions Gebardi v. United States Notes and Questions People v. Sconce Notes and Questions Chapter 11. Liability for the Conduct of Another A. Accomplice Liability General Principles a. Common Law Terminology and Its Significance State v. Ward Notes and Questions b. Theoretical Foundation: Derivative Liability Accomplice Liability: In General State v. Hoselton Notes and Questions Mens Rea a. Intent: Purpose or Knowledge? People v. Lauria Notes and Questions b. When Is Intent Not Required? i. Offenses Not Requiring Intent Riley v. State Notes and Questions ii. Attendant Circumstances iii. Natural-and-Probable-Consequences Doctrine State v. Linscott Notes and Questions Actus Reus State v. V.T Notes and Questions Wilcox v. Jeffery Notes and Questions State v. Helmenstein Notes and Questions People v. Genoa Notes and Questions Distinguishing Direct from Accomplice Liability Bailey v. Commonwealth Notes and Questions

15 TABLE OF CONTENTS xxxvii 6. Relationship of the Liability of the Accomplice to the Principal a. If the Principal Is Acquitted United States v. Lopez Notes and Questions b. If the Principal Is Convicted People v. McCoy Notes and Questions Limits to Accomplice Liability In re Meagan R Notes and Questions State v. Formella Notes and Questions B. Conspiracy Liability Pinkerton v. United States Notes and Questions C. Vicarious Liability Commonwealth v. Koczwara Notes and Questions D. Corporate Liability State v. Christy Pontiac-GMC, Inc Pamela H. Bucy Corporate Ethos: A Standard for Imposing Corporate Criminal Liability Notes and Questions John C. Coffee, Jr. No Soul to Damn: No Body to Kick : An Unscandalized Inquiry Into the Problem of Corporate Punishment Notes and Questions Chapter 12. Theft Introductory Comment A. Larceny Actus Reus a. Trespassory Taking (Caption) and Carrying Away (Asportation) * * * Lee v. State Rex v. Chisser Notes and Questions United States v. Mafnas Notes and Questions Topolewski v. State Rex v. Pear Notes and Questions Brooks v. State Notes and Questions b. * * * of the Personal Property of Another * * * Lund v. Commonwealth

16 xxxviii TABLE OF CONTENTS Notes and Questions Mens Rea: * * * With the Intent to Steal the Property People v. Brown Notes and Questions People v. Davis Notes and Questions B. Embezzlement Rex v. Bazeley Notes and Questions C. False Pretenses People v. Ingram Notes and Questions People v. Whight Notes and Questions D. Federal Mail, Wire, and Computer Fraud United States v. Czubinski Notes and Questions Appendix. American Law Institute Model Penal Code INDEX

CRIMINAL LAW I SYLLABUS (January, 2014 version)

Dean Adams Spring Semester 2014 Telephone: 714-459-1140 e-mail: weadams@wsulaw.edu Office Hours: TH 1-6 PM CRIMINAL LAW I SYLLABUS (January, 2014 version) This Syllabus will be revised during the semester.