Statutory Analysis

Question 1

Generally, most criminal statutes may be broken down into what formula for guilt?

Answer 1

A + MS > C > PR = G (unless J or E)

An ACT plus the required MENTAL STATE that CAUSES a Prohibited RESULT equals the offender’s GUILT, unless his or her conduct is legally JUSTIFIED or EXCUSED.

Example: Murder

Question 2

When criminal statutes do not require any specific result, what is the formula for guilt?

Answer 2

A + MS = G (unless J or E)

An ACT plus the required MENTAL STATE equals the offenders GUILT, unless his or her conduct is legally JUSTIFIED or EXCUSED.

Example: Burglary

Question 3

What is the formula for guilt when the criminal statute does not require any specific mental state?

Answer 3

A = G

Merely doing the ACT equals the offenders GUILT,

Example: Aggravated Sexual Assault (statutory rape).

Question 4

A person is not guilty of an offense unless what?

Answer 4

His liability is based on conduct which includes a VOLUNTARY ACT or the OMISSION to perform an act of which he is physically capable.

Question 5

What are the fact patterns in State v. Overton 2003?

Answer 5

A seven-year-old girl wakes up with her grandmother’s boyfriend in her bed because he was sleepwalking.

Question 6

Should a person in a somnambulistic state (sleepwalking) be held criminally culpable for his acts committed in that state?

Answer 6

In State v. Overton the court said no, because the act was not voluntary.

Question 7

In 2C:2-2 regarding mental states, What are the 4 degrees of culpability?

Answer 7

Purposely
Knowingly
Recklessly
Negligently

Question 8

The mental state PURPOSELY can be defined as what?

Answer 8

A “conscious object” to engage in the behavior. The offender believes in OR hopes for the result.

Example: An active shooter or burglar

Question 9

The mental state KNOWINGLY can be defined as what?

Answer 9

Aware of conduct. Result is practically certain.

Example: A drive-by spraying of bullets

Question 10

The mental state RECKLESSLY can be defined as what?

Answer 10

A conscious risk creation. A substantial and unjustifiable risk.

Example: DWI Death by Auto

Question 11

The mental state NEGLIGENTLY can be defined as what?

Answer 11

An unconscious risk creation OR carelessness.

Example: Shooting into the forest while drinking beer and accidentally shooting an unknown hunter.

Question 12

In 2C:2-2c(3), the “gap filler” provision provides, when a statute defining a crime does not set forth a culpable mental state, the statute should be interpreted as requiring what degree of culpability?

Answer 12

a KNOWING degree of culpability.