Analysis of Criminal Liability

2. Analysis of Criminal Liability 1. Criminality: Does the behavior constitute criminal conduct?  A. What are the elements of the offense as defined? 1. Conduct 2. Circumstances 3. Result 4. Mode of Culpability (“mensrea”) (as to each element) - subjective fault - “objective” fault - none (absolute liability) B. Does the behavior satisfy each element of the offense? 1. Conduct - act - voluntariness - omission - derivative liability (§§21ff.) - complicity - vicarious liability - corporate liability 2. Circumstances - e.g., consent (e.g., § 193(1)) 3. Result - causation 4. Mode of Culpability (as to each element) - mistake “of fact” (i.e., as to offense element) - intoxication (§ 33.1) 5. Inchoate Crimes - attempt (§§ 24, 421, 587, etc.) - counselling (§§ 422, etc.) - conspiracy (§§ 423, etc.) 2. Illegality (Justification): Is the criminal conduct unlawful generally speaking? A. Law administration and enforcement (§§ 25ff.) - cf. “exception” (e.g., § 91(4)); “exemption” (e.g., § 117.07) B. Authority (§§ 43ff.) C. Defense (self; another; property) (§§ 34ff.) D. Consent - cf. § 14 (consent to death) E. Necessity (choice of evils) [pace Perka] • cf. “public good” defense (§§ 162(6), 166(3)) 3. Guilt (Excuse): Is the accused blameworthy for her criminal and unlawful conduct?  A. Incapacity (“exemption”) 1. Insanity (§ 16) 2. Infancy (§ 13) B. Inability 1. Duress (§ 17) 2. Mistake (“ignorance”) of law [pace § 19] 3. Superior Orders (§ 32(2)) (?) 4. Provocation (homicide only) (§ 232) 5. Entrapment (?) 6. Abandonment (?) - accomplice liability - inchoate crimes (?)