Chapter 3 - Modern Role of Criminal Statutes

Question 1

Principle of Legality

Answer 1

• One may not be punished unless his conduct was defined as illegal before he acted.
• Statutes now replace common law crimes
• The common law remains important in those jurisdictions that specifically retain them.
• The common law remains important where the legislature uses a term used in common law.
• Ex post facto laws prohibited

Question 2

Statutory Clarity

Answer 2

Criminal Statutes should be understandable to reasonable law-abiding persons
- Protected by the Due Process Clause

Question 3

Doctrine of Lenity

Answer 3

Ambiguous statutes should be interpreted in the way that favors the accused

Question 4

Limiting Delegation of Policy

Answer 4

A statute should not be so vague as to place the responsibility for defining it in the hands of figures of authority (police, judge…etc(

Question 5

Ex Post Facto

Answer 5

Legislation cannot be retroactively applied (Article 1, Sections 9&10 of Constitution(

Question 6

Retroactive Common Law

Answer 6

Prohibited by the Due Process Clause

Question 7

MPC

Answer 7

Model Penal Code; Statutory law; some statutes are modeled after the MPC or states can adopt the MPC as a whole/in parts

Question 8

MPC Section 1.02 (3) B

Answer 8

Eliminates the rule of lenity; Ambiguous Statutes must be interpreted based on general and specific purposes of the statute (not leniently toward the criminal/defendant)

Question 9

MPC Section 1.05 (1)

Answer 9

Eliminates common law crimes; if it’s not in a code or statute, then it’s not a crime

Question 10

Common Law Crimes

Answer 10

conduct made criminal by judicial decision rather than statute

Question 11

Texas Penal Code 1.03

Answer 11

Eliminates Common Law Crimes

Question 12

Retention Statute

Answer 12

Retains common law crimes even after the adoption of the MPC or other Penal Code

Question 13

Is the Common Law Irrelevant?

Answer 13

No! If the legislature does not change or specifically define a common law rule, it is held that rule stands.

Question 14

Commonwealth v. Mochan

Answer 14

Retention Statute 1101: “Every offense punishable by statutes or common law and not specifically provided for by this act, shall continue to be an offense punishable…”
Cmwlth v. Miller - “ the common law is sufficiently broad to punish as a misdemeanor, although there may be no exact precedent”
Cmwlth v. PA - “ Whatever openly outrages decency and is injurious to public morals is a misdemeanor at common law”
**Morality is subjective and could be too broad of a standard
– Court used the reasoning above to find Mochan guilty

Question 15

Writ of Prohibition

Answer 15

to stop trial when proceedings are in excess of jurisdiction (i.e. “there is no proof/not enough proof that I did the act i’m being charged with”)

Question 16

Keeler V. Superior Court

Answer 16

Penal Code 187 - “Murder is the unlawful killing of a human being with malice aforethought”
Penal Code 6 - “No act is criminal unless prescribed or authorized by code”
** The court cannot enlarge penal statutes by inserting or deleting words or definitions; it is the legislatures job to define laws; ambiguous laws should be interpreted by their intent
– Court used the reasoning above to find that a viable human fetus was not a “human being” and found Keeler not guilty of murder.

Question 17

In re Banks

Answer 17

• • Due Process Clause requires that a law be definite
• • When definitions are unclear, look to plain and definite meaning, legislative intent, statutory history and prior judicial interpretations
• -Court used the reasoning above to determine that “peeping” was adequately definite.

Question 18

Desertrain v. LA

Answer 18

– Court held that Municipal Code 85.02 (prohibiting use of vehicle as living quarters overnight) was unconstitutionally vague, failed to provide adequate notice of the conduct it criminalized, and promoted arbitrary enforcement that targeted a specific group. All of which violates Due Process

Question 19

Elements of Criminal Law Statutes

Answer 19

• Crimes – elements of offense
• Defenses – circumstances amounting to an affirmative defense
• Presumptions – inferences, mandatory and permissive, to be drawn by jury or judge (fact finder)
• Classification and punishment