UNIT 2-GENERAL PRINCIPLES OF CRIMINAL LIABILITY, 



In order to be criminally liable for a specific action, several requirements are necessary. This section focuses on the general principles of criminal liability and applying these principles to uncompleted crimes. In order to be criminally liable several requirements are required. This section will focus on these requirements.. Specifically, the unit will include but will not be limited to the following:


1. Obtaining an understanding of the Principle of Legality.
2.. Distinguishing between four kind of intent.
3. An understanding of the various principles of criminal liability
4. An understanding of actus reus
5. Kinds of intent according to Model Penal Code
6. Distinguishing intent from motive.
7. Distinguishing between legal and factual impossibility
8. Distinguishing between burden of production and burden of persuasion.
9. Development of legal duties.
10. Determining mens rea
11. Providing arguments supporting or opposing solicitation.
12. Distinguishing between status offenses and those with voluntary actions
13. Differentiating between voluntary and involuntary actions
14. Distinguishing between subjective and objective standards for determining mens rea.
15. Derivation of legal duties
16. Criminal liability through failure to act
18. Distinguishing between actual and constructive possession
19.. Model Penal Code requirements of voluntary act; and omission as basis of liability
20. Understanding of strict liability and mental intent
21. Differentiating between factual and legal causation
22. Knowledge of the standards for determining purpose and knowledge
23. Distinguishing between recklessness and negligence
240. Understanding the principle of causation.

 

Powell vs. Texas 392 U.S. 514, 88 S.Ct. 2145
State vs. Perry 436 P.2d 252
State v Kuntz 995 P.2d 951
State vs. Miranda 673 A.2d 925
Commonwealth vs. Konz 450 A.2d 638
United States v. Byfield 928 F.2d 1163
Actual possession vs Constructive Possession
Model Penal Code Section 2.01 & 2.02
U.S. V Lucas 67 F.3d 956
Commonwealth v Barnette 699 N.E.2d 1230
State v. Barnes 945 P.2d 627
State  v Jantzi 641 P.2d 62
Sine qua non causation
culpability
legal causation vs. factual causation
State vs. Jackson 936 P.2d 761
State vs. Stewart 763 P.2d 572
Cooper vs. United States 512 A.2d 1002
State vs. Valentine 935 P.2d 1294
Model Penal Code 3.02
Wharton's Rule
State v Stark 832 P.2d 109

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EXERCISES FOR UNIT 2





1.What is the primary issue in Powell vs Texas? According to Powell is the actus reus a constitutional requirement? How does Powell differ from Robinson vs. California 370 U.S. 660, 82 S.Ct.



2. In State vs. Perry, Perry convicted under an Oregon statute that made being a prostitute a crime. Perry appealed using Robinson as precedent. Do you agree? Should Perry's appeal be upheld? Why? Why not?



3. Using cases researched and/or discussed in class answer the following?



A. D an epileptic suffered a seizure while driving his car and killed four children. D argues that the killing was an "involuntary act" and therefore he is not criminal liable. Agree or Disagree? Why? Why not?



B. G put a cocked gun to a friend's head and demanded money. The hammer slipped of his thumb and the gun went off. G argued in court that he did not intend to hurt his friend, that it was an accident, therefore the incident was involuntary. Agree or disagree? Why? Why not?



C. What was the primary issue in State vs. Miranda? What is the General Rule of Law governing Miranda? What was the court's holding? Do you agree with that holding?



4. Was Byfield held to be in criminal possession of crack cocaine? What facts support this holding? Was he held to have constructive or active possession? Why did the court rule as it did?



5.. According to Section 2.01 of the Model Penal Code there are four acts which are considered to be involuntary, thereby releasing criminal culpability. What are they?



6. In State vs. Stark what facts are relevant in determining Stark's mens rea? Do you think the sentence of Stark was a violation of the doctrine of proportionality thereby a violating the eighth amendment?



7.When does knowingly affect mens rea? In Jantz, what facts did the lower court use to conclude concluded that the defendant acted knowingly?



8. Research and brief the case Commonwealth vs. Gilliam. What are the relevant facts? Was Gilliam guilty of an attempt? Why? Why not? Compare this case with Young vs. State





9. Brief the case of Rooks vs. State, State vs Rooks. Do you agree with the holding in the case?

Why? Why not?



10. What is the Wharton Rule? To which group of crimes does it apply?