Criminal Law Web

Analytic Structure: LRCC Draft Criminal Code

I. Definition: Criminality ("Offense") 

	Does the behavior constitute criminal conduct? (was a (penal) law violated?)

		A.	in general:  Does the penal code apply? (jurisdiction [5(2)])
		B.	in particular:  Does the behavior meet the definition of a particular criminal offense defined in the penal code? 

			1.	What are the elements of the offense as defined? 
				
				(a)	Actus Reus
					(i) Conduct [2(3)]
						- required ("(voluntary) act requirement") 
					(ii) Circumstances 
						- may be required (e.g. 18(1)) 
						- e.g.: nature of offender or victim (offender's spouse [10(10)]); legality (unlawful assembly [22(5)], 
						self-defence against unlawful force [3(10)]); time (aggravated criminal intrusion [12(2)]); 
						place (public place [21(3), 22(1)]); (absence of) consent (assault [7(1)])
					(iii) Result
						- only required in result offenses (e.g. murder [6(3)]) 
				(b)	Mens Rea: Mode of Culpability, Mental State (w/ respect to each element) 
					- may be required (manslaughter [6(2), murder [6(3)])
					- rules of interpretation: 2(4) 
					- e.g. purpose, knowledge, willful blindness, recklessness, 
					criminal negligence (due diligence defence), [wilfulness] (see comparative chart)
			
			2.	Does the behavior satisfy each element of the offense? 
					
				(a) Conduct 
					- act [2(3)(a)] 
					- voluntariness (see lack of control [3(1)], mental disorder [3(6)])
					- omission [2(3)(b)] (see also failure to rescue [10(2)])
					- imputation/derivative liability (corporate liability [2(5)], furthering [4(2)] 
					- [instruments]
					- complicity (furthering [4(2)]) 
					- corporate actors [2(5)]
				(b)	Circumstances (e.g. (absence of) consent: 7(1)) 
				(c)	Result (e.g. death: 6(3))
					- causation [2(6)]
						- factual 
						- legal
				(d)	Mode of Culpability (w/ respect to each element) 
					- mental state negatived by:
						(i) mistake "of fact" (i.e. as to satisfaction of offense element [3(2)])
						(ii) intoxication [3(3)]                                                
						(iii) [diminished capacity] 

II. Justification: Illegality/Unlawfulness/Wrongness ("Defense")

    Is the criminal conduct unlawful generally speaking? (was the law violated?)

		A.	in general (nature of justification; justification vs. excuse)
		B.	specific defenses
			1. law administration and enforcement [3(13)(b)] 
			2.	authority (3(13)(a))
			3.	defense (self, another [3(10)(a)]; property [3(11), (12)])
			[4.	necessity (3(9))]

                C. reasonable mistake as to satisfaction of justification element [3(17)] 

III. Excuse: Inculpation/Responsibility/Accountability/Blameworthiness ("Defense") 
	Can the accused be held culpable for the facially criminal conduct? 

		A.	Did the accused lack the capacity for conduct? (incapacity) 
			
			1.	mental disorder [3(6)]
				- (exculpatory) intoxication [3(3)]
			 2.	immaturity [3(4)]

		B.	Was the accused incapable of exercising his capacity for culpable conduct? (inability/impossibility/unavoidability)? 		

			1.	duress 
				(a)	personal [3(8)]
				(b)	circumstantial (see necessity [3(9)]) 
			[2.	provocation  (not in draft code)] 
			3.	superior orders [3(15)] 
			4.	entrapment 
			5.	abandonment (suggested as mitigating factor in sentencing [4(7)])
			6.	mistake (ignorance) "of law" [3(7)]
				(a)	reliance on official misstatement  [3(7)(b)(iii)] 
				(b)	unreasonable mistake re: satisfaction of justification element [3(17)]