BRIEFS

Wednesday, January 19, 2011 7:21 PM

CRIMINAL LAW Hillary Term 2011 Professor Swedlow I. Introduction to Criminal Law Crime- Any social harm defined and made punishable by law Criminal law- public law society as a whole is harmed Punishment- removal of life cash or liberty Where is the Criminal Law? Common law- Judge made law Model Penal Code-American Law institute collection of common law Legislature-enactments of law Punishment Utilitarian- justification that serves purpose for society, common good Retributive- eye for an eye (measured punishment) Reasons for punishment 1. Deterrence 2. Rehabilitation 3. Incapacitate 4. Retribution Queen v. Dudley and Stevens (Shipwreck case) Asks who we should punish People V. Superior Court (DU)/ California Case Asks what punishment is appropriate United States V. Gementera (Mail thief) Asks what is an appropriate form of punishment Homicide: Intentional Killings Mens Rea- A guilty mind Actus Reus- Actual actions Homicide- the killing of a human being by another human being Criminal Homicide the unlawful killing for a human being by another human being Murder- the killing of another human being with malice and forethought, i.e. evil intent, possible preplanning etc. Common Law- 4 types of Murder Intent to kill Intent to cause great bodily harm (must result in death) Depraved Heart Intent to commit a felony Manslaughter- the unlawful killing of a human being without malice Voluntary- the intent to kill with sudden quarrel or heat of passion Involuntary- killing with criminal negligence (risky behavior /failure to see risk) Misdemeanor Manslaughter- intent to commit manslaughter resulting in a death

II.

Homicide . & Criminal Homicide

Murder Malice Demonstrated by 1. Intent to kill 2. Intent to cause great bodily harm 3. Depraved heart 4. Felony murder Manslaughter 1. Voluntary 2. Involuntary 3. Misdemeanor Manslaughter