UNIT 2A-GENERAL PRINCIPLES OF CRIMINAL LIABILITY,
1. Obtaining an understanding of the Principle of Legality.
2.. Distinguishing between four kinds 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. Understanding of criteria for establishment of legal duty.
10. Determining mens rea
11. Distinguishing between status offenses and those with voluntary actions
12. Differentiating between voluntary and involuntary actions
13. Distinguishing between subjective and objective standards for determining mens
rea.
14. Derivation of legal duties
15. Criminal liability through failure to act
16. Distinguishing between actual and constructive possession
17.. Model Penal Code requirements of voluntary act; and omission as basis of liability
18. Understanding of strict liability and mental intent
19. Differentiating between factual and legal causation
20. Distinguishing between the elements of strict liability and the elements of vicarious liability.
21. Liability of corporate crime
22. Understanding the correlation between respondeat superior and
vicarious liability
23. Four levels of culpability
24. Discussion of supervening and intervening causes
25. Discussion of proximate cause
26. Defining and
identifying inchoate crimes
27. Providing arguments
supporting or opposing solicitation.
28. Differentiating between solicitation and conspiracy
Some important terms and cases you should know:
State v Jensen 307 S.E.2e 339
(1983)
Harmelin vs. Michigan 501 U.S. 947, 111 S.Ct.2680
Powell vs. Texas 392 U.S. 514, 88 S.Ct. 2145
State vs. Perry 436 P.2d 252
George v State 681 S.W.2d 43
State vs. Miranda 673 A.2d 925
Commonwealth vs. Konz 450 A.2d 638
Massachusetts v Banfill 597 N.E.2d
Actual possession vs Constructive Possession
Model Penal Code Section 2.01 & 2.02
State vs. Stark 832 P.2d 109
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
U.S. V Lucas
United States v Byfield
Dawkins v State
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?
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. Read and Brief the case Velazquez v State So.2d 347. What state did this case occur? Did the higher court concur with defendant's argument? Why? Why not?
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. . 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?