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Analytic Structure: American Law Institute Model Penal 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 [ยง1.03])
B. in particular: Does the behavior meet the definition of a particular criminal offense defined in the penal code? (art. 2) (see principles of legislativity & prospectivity)
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)]
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