Criminal Law Outline #1

Criminal Law Outline: Important Notes Ch. 1: Theory of Punishment • The ordinary reasonable man; remember this concept for future reference • Statutes must have the element of the offense clearly communicated • *Double Jeopardy – cannot be tried twice for the same crime • *Jeopardy attaches when a jury is sworn in; IMPORTANT • U.S. is like Napoleonic law • U.S. is a case law country; system is considered common law. The principles are the same, but we don’t necessarily follow the English format. • American Legal Institute created the Model Penal Code. Most states have adopted this code. Looked at as the American understanding of the law. The criminal law code is practically universal throughout the U.S. • Beyond a reasonable doubt is vital in criminal law. Originates from the English laws of old. • Statutory offenses. Mental and physical aspects must be covered in statutes. Scienter = reasonable knowledge • Defense merely has to defend the beyond a reasonable doubt standard. Basically holding that there is still doubt. • Indictments signal that there is reasonable evidence for criminal charges to be brought fourth. • An affidavit establishes that a case exists. • Case Law: All of the common and case laws we have are judge-made. • Statutes are derived from common law principles. • English Common Law Ch. 2: The Criminal Act • Due Process - that there is reasonable and fair assessment (trial) regarding a case brought to trial • *Intent must be deduced from the action • The McNaughton Rule – Not knowing right from wrong; committing a crime “by reason of insanity.” The defense must prove this principle Ch. 3: Mental Requirement • If a state wants a certain statute to be enacted, it must make it known. • Ch. 4: Causation • Proximate cause is a legal test. The “but for” test is concerned with the cause and effect relations involved. • If your negligence sets in motion a series of acts that, despite other acts of contributing negligence, result in damages, you will ultimately be held responsible. Ch. 5-7: Homicide Offenses • E Ch. 8-9: Limits to Criminal Responsibility • F

Ch. 10-12: Inchoate Offenses • G