Criminal Law Lecture Outline - Fall 2008

Criminal Law

Class Outline
September 2, 2008

ACTUS REUS -- STATUS CRIMES

A.  "Voluntary act" requirement contains two distinct aspects

1.  "Act" requirement = no punishment of mere thoughts

i.  Issue:  If we could read people's minds accurately, would it be acceptable to punish them for forming the firm intent to commit harmful acts?

2.  "Voluntary" requirement = actor must be blameworthy in some way for his act

i.  Issue:  Are people really blameworthy for their acts when such acts grow out of status?

ii.  Robinson v. California:  Criminalization of status alone, with no proof of relevant acts in the jurisdiction required, violates Cruel and Unusual Punishments Clause of the 8th Amendment

iii.  Powell v. Texas:  States may punish public intoxication, even when the actor is an alcoholic, because appearing in public is a voluntary act -- Robinson distinguished

iv.  Court in Robinson makes it clear that states can punish drug addicts for possession or use in the jurisdiction, even if those acts grow out of addiction -- does this make sense?

I.  Similarly, should localities be able to punish "life-sustaining activities in public places" when such acts grow out of homelessness?  (Pottinger v. Miami, n. 5, p. 168-69)

v.  Should localities be able to punish "membership in a criminal street gang"?  (Compare City of Chicago v. Morales, n.3., p. 165-66)