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Five Theories of Punishment
- Retribution
- Deterrence
- Specific - to one person
- General - others see it and are deterred
- Incapacitation
- Rehabilitation
- Denunciation
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If the is a mental state associated then it must be at least
recklessness
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IF there is NO mental state associated then it must be at least
negligence
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Purposely
conscious effort to engage in conduct to make event happen
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Knowingly
aware the event will occur / practically certain
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Recklessness
conscious disregard of a substantial and justifiable risk
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Negligence
Should have known of a substantial and justifiable risk
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Non MPC
- 1st Degree Murder - Planned
- 2nd degree Murder - unplanned but intended
- Voluntary manslaughter - heat of passion
- Involuntary Manslaughter - drunk driving
- Negligent Homicide - Gross deviation from standard of care
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MPC - No Malice All homicides = conduct, death, & conduct caused death
- Murder - knowingly or purposefully
- Manslaughter - reckless conscious disregard of substantial unjustifiable risk
- Negligent Homicide - Should have known, justifiable risk
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No Malice All homicides = conduct, death, & conduct caused death
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Mental States
- 1. Purpose
- 2. Knowledge
- 3. Recklessness
- 4. Negligence (Criminal)
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Mens Rea -Mental State applies to
- Conduct - Voluntary Act or Omission w/ duty
- Attendant Circumstances -
- conduct - enter dwelling
- Attendant Circumstances - at night
- Mental state - w/ purpose of committing a felony
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Non MPC1st Degree Murder - Planned
- 2nd degree Murder - unplanned but intended
- Voluntary manslaughter - heat of passion
- Involuntary Manslaughter - drunk driving
- Negligent Homicide - Gross deviation from standard of care
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MPC (No Malice)
- Murder
- Manslaughter
- Negligent Homicide
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If the is a mental state associated then it must be at least - recklessness
- IF there is NO mental state associated then it must be at least - negligence
- Purposely –
- conscious effort to engage in conduct to make event happen
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Knowingly –
aware the event will occur / practically certain
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Recklessness –
conscious disregard of a substantial and unjustifiable risk
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Negligence –
Should have known of a substantial and unjustifiable risk
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Malice
- Intent to kill - Actual
- Extreme recklessness -Implied
- Intent to do harm -Implied
- Felony Murder - Implied
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Murder
knowingly or purposefully
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Manslaughter
reckless conscious disregard of substantial unjustifiable risk
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Negligent Homicide
Should have known, justifiable risk
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