CCJS230 Chapter 3 Book Notes The Criminal Act The First Principle of Criminal Liability Criminal Liability conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests Is there criminal conduct Is the conduct justified Is the conduct excused The Elements of Criminal Liability Elements of a crime to convict the prosecution must prove beyond a reasonable doubt Criminal Act actus reus o The requirement that all crimes have to include a voluntary criminal act which is the physical element and the first principle of criminal liability Criminal intent mens rea o Criminal intent the mental element in the crime Concurrence o The principle of criminal liability that requires that a criminal intent has to trigger the criminal act Attendant Circumstances Bad Result causing a criminal harm Conduct Crimes requiring a criminal act triggered by criminal intent Criminal Act voluntary bodily movements Criminal Conduct criminal act triggered by mens rea Attendant Circumstances Element a circumstance connected to an act an intent and or a bad result Ex Driving while Intoxicated Result Crimes include five elements A voluntary act The mental element Circumstantial elements Causation Criminal harm The Criminal Act Actus Reus The First Principle of Liability Problems with Punishing the State of Mind It s impossible to prove a mental attitude by itself A mental attitude by itself doesn t hurt anybody only conduct is against criminal law Hard to separate daydreaming and fantasy from intent Manifest Criminality the requirement that mental attitudes have to turn into deeds for a crime to be committed The Voluntary Act Requirement Why do only voluntary acts qualify as criminal acts o Criminal law punishes people o We can only punish people we can blame o We can only blame people who are responsible for their acts o People are responsible only for their voluntary acts One Voluntary Act Is Enough Rule conduct that includes a voluntary act satisfies the voluntary act requirement Automatism unconscious bodily movements during sleepwalking and seizures o Kinds of Defenses Fault Based Defenses defenses based on creating a reasonable doubt about the prosecutions proof of a voluntary act Affirmative Defenses of Excuse defenses of excuse for criminal liability which take place after the prosecution has proved the defendants criminal conduct State v Burrell 609 A 2d 751 1992 Appealed from Hillsborough County Convicted of manslaughter after a jury trial in the Superior Court Defendant Burrell bought drank with a minor and played Russian roulette with the minor and the victim Defendant and minor stole the guns from the victim s house the victim tried to stop them The victim returned with a shotgun but before the minor could do anything else the defendant shot the victim to death Defendant testified that the shooting did not occur when the victim threatened him the trial court made an error because it did not instruct the jury that the defendant was guilty only if the jury found that his act of pulling the trigger was voluntary Court affirmed the conviction because there was no requirement that the conduct included the last act prior to the moment of harm King v Cogdon Morris 1951 Previous dreams of spiders crawling over her daughter slept walk into her daughters room and clawed them off her face and woke her daughter up Dreamt that the war was all around the house and that soldiers were on top of her daughter and struck her daughter with an axe on the head twice Not psychotic ended up being acquitted People v Decina 138 N E 2d 799 1956 Defendant struck and killed a number of children after suffering a seizure while driving charged with violating N Y Penal Law Defendant argued that his actions were not sufficiently culpable to violate the Law and that the physicians testimony should have been inadmissible Court first was against him and that his conduct fell within the statute s requirements that he exhibit a disregard for the consequences from his actions but then reversed their judgment because the physician s testimony at trial was inadmissible Status the character or condition of a person or thing Omissions as Criminal Acts Criminal Omission the failure to act when there s a legal duty to act Failure to Report not reporting something the law requires you to report ex reporting an accident child abuse failure to tell sexual partners of a positive HIV status Failure to intervene not actively preventing or interrupting injuries and death to persons or damage and destruction of property Only criminal omissions if defendants had a legal duty to it not a moral duty o A duty created by a statute contract or special relationship and enforceable by law o Good Samaritan Doctrine imposes a legal duty to help or call for help for imperiled strangers o American Bystander Rule there s no legal duty to rescue or summon help for someone who s in danger even if the bystander risks nothing by helping Commonwealth v Pestinikas 617 A 2d 1339 1992 Walter and Helen Pestinikas were convicted of third degree murder sentenced to serve not less than five years or more than ten years in prison Defendants appealed their conviction for murder Court affirmed their verdict because there was evidence that the victim s death had been caused by the defendants failure to provide the food and medical care as they agreed to do by oral contract Possession as a Criminal Act Legal Fiction pretending something is a fact when it s not if there s a good reason for the pretense Ex Air pistols body vests burglary tools drug paraphernalia drugs eavesdropping devices fireworks gambling devices graffiti instruments toy guns Actual Possession physical control of banned items on my person ex marijuana in my pocket Constructive Possession Banned items not on my person but in places I control for ex in my car or apartment Knowing Possession items possessors are aware is either on their person or in places they control Mere Possession items you posses but you don t know what they are Miller v State 6 S W 3d 812 1999 Appellant sought review of the judgment which convicted him of possession of cocaine and marijuana after it denied appellant s motion for a directed verdict Rear seat passenger in his friends car when vehicle was stopped Cocaine not in plain view appellant didn t know that it was in the vehicle no contraband on the appellant s person Argued that the trial court didn t grant his motion for a directed