D charged w/ failing to register as convicted felon in LA. She had no notice of reporting requirement and claimed ignorance of law. Court held that narrow circumstances like this case allows that defense. Other cases include: Defendant conduct is wholly passive. There was no actual notice of the law The violation involves a regulatory defense. MPC Approach to Mistake of Law A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when; he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in: a statute or other enactment; a judicial decision, opinion or judgment; an administrative order or grant of permission; OR an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense. CHAPTER 7: CRIMINAL HOMICIDE Common Law Murder: The unlawful killing of a human being by another human being Categories for Common Law Homicide Offenses: Murder Malice aforethought 1st or 2nd degree Manslaughter Voluntary Manslaughter (mitigated murder) Involuntary Manslaughter-reckless or negligent killing. Common Law Mens Rea for Murder Requires Intent to kill. Intent can be implied through depraved murder rule or felony murder rule. Malice Aforethought: Intent to Kill Express Malice=Intent to Kill How to prove express malice? Statement/confession Circumstantial evidence Natural and probable consequences rule Deadly weapon rule (i.e. pointing deadly weapon at a vital organ) Implied Malice
D charged w/ failing to register as convicted felon in LA. She had no notice of reporting requirement and claimed ignorance of law. Court held that narrow circumstances like this case allows that defense. Other cases include: Defendant conduct is wholly passive. There was no actual notice of the law The violation involves a regulatory defense. MPC Approach to Mistake of Law A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when; he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in: a statute or other enactment; a judicial decision, opinion or judgment; an administrative order or grant of permission; OR an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense. CHAPTER 7: CRIMINAL HOMICIDE Common Law Murder: The unlawful killing of a human being by another human being Categories for Common Law Homicide Offenses: Murder Malice aforethought 1st or 2nd degree Manslaughter Voluntary Manslaughter (mitigated murder) Involuntary Manslaughter-reckless or negligent killing. Common Law Mens Rea for Murder Requires Intent to kill. Intent can be implied through depraved murder rule or felony murder rule. Malice Aforethought: Intent to Kill Express Malice=Intent to Kill How to prove express malice? Statement/confession Circumstantial evidence Natural and probable consequences rule Deadly weapon rule (i.e. pointing deadly weapon at a vital organ) Implied Malice
Criminal-Law-Ocen-2014-1.docx