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Example of a Situation Lacking Concurrence

16 February, 2016 - 09:44

Sherree decides she wants to kill her husband using a handgun. As Sherree is driving to the local gun shop to purchase the handgun, her husband is distracted and steps in front of her car. Sherree slams on the brakes as a reflex, but unfortunately she is unable to avoid striking and killing her husband. Sherree cannot be prosecuted for criminal homicide in this case. Although Sherree had formulated the intent to kill, the intent to kill did not exist at the moment she committed the criminal act of hitting her husband with her vehicle. In fact, Sherree was trying to avoid hitting her husband at the moment he was killed. Thus this case lacks concurrence of act and intent, and Sherree is not guilty of criminal homicide.

KEY TAKEAWAYS

  • One important function of intent is the determination of punishment. In general, the more evil the intent, the more severe the punishment.
  • The three common-law intents ranked in order of culpability are malice aforethought, specific intent, and general intent.
  • Specific intent is the intent to bring about a certain result, do something other than the criminal act, or scienter. General intent is simply the intent to perform the criminal act.
  • With a general intent crime, the trier of fact may infer intent from the criminal act. This alleviates the prosecution’s burden of proving criminal intent.
  • Motive is the reason the defendant commits the criminal act. Motive standing alone is not enough to prove criminal intent.
  • The Model Penal Code’s criminal states of mind ranked in order of culpability are purposely, knowingly, recklessly, and negligently. Purposely is similar to specific intent to cause a particular result. Knowingly is awareness that results are practically certain to occur. Recklessly is a subjective awareness of a risk of harm, and an objective and unjustified disregard of that risk. Negligently is not being aware of a substantial risk of harm when a reasonable person would be.
  • The exception to the requirement that every crime contain a criminal intent element is strict liability.
  • Transferred intent promotes justice by holding a defendant responsible for his or her criminal conduct, even though the conduct was intended to harm a different victim.
  • Vicarious liability is the transfer of criminal liability from one criminal defendant to another based on a special relationship.
  • Concurrence requires that act and intent exist at the same moment.

EXERCISES

Answer the following questions. Check your answers using the answer key at the end of the chapter.

  1. As Jordan is driving to school, she takes her eyes off the road for a moment and rummages through her purse for her phone. This causes her to run a stop sign. Jordan is thereafter pulled over by law enforcement and issued a traffic ticket. What is Jordan’s criminal intent in this case? Is Jordan criminally responsible for running the stop sign? Why or why not?
  2. Read Morissettev. U.S., 342 U.S. 246 (1952). In Morissette, the defendant was convicted of unlawful conversion of federal property for gathering and selling spent bomb casings dropped during US Air Force practice maneuvers. The statute required “knowing” conversion of the property, and the defendant claimed he believed the property was abandoned. Did the US Supreme Court uphold the defendant’s conviction? Why or why not? The case is available at this link: https://scholar.google.com/scholar_case?case=787130527265701764&hl=en&as_sdt=2&as_vis=1&oi=scholarr
  3. Read Statev. Crosby, 154 P.3d 97 (2007). In Crosby, the defendant was convicted of manslaughter of a dependent person by neglect. The defendant’s mother died of “sepsis” and was brought to the hospital covered with feces and bedsores. The defendant was her mother’s caregiver. The jury was instructed that the defendant possessed the mental state of “recklessness” under the statute if she disregarded a substantial risk of harm or circumstances. The jury asked the judge if “circumstances” included the bedsoresor justdeath. He responded that the risk could be more than just death and left it up to the jury to decide. Did the Supreme Court of Oregon uphold the defendant’s conviction? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?case=10006178173306648171&q=State+v.+Crosby+S53295&hl=en&as_sdt=2,5
  4. Read Statev. Horner, 126 Ohio St. 3d 466 (2010). In Horner, the defendant pleaded no contest to aggravated robbery. The defendant’s pre-plea indictment did not contain a mens rea element for aggravated robbery, just the mens rea for theft. The defendant moved to dismiss the no contest plea, based on the fact that the indictment was defective for lacking the mens rea element. Did the Ohio Supreme Court find the indictment defective? Why or why not? The case is available at this link:http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-ohio-3830.pdf

LAW AND ETHICS : DEAN V. U.S .L

Ten Years Imprisonment for an Accident?

“Accidents happen. Sometimes they happen to individuals committing crimes with loaded guns.”

Read Deanv. U.S., 129 S. Ct. 1849 (2009)), which is available at this link: http://scholar.google.com/scholar_case?case=10945987555184039397&q=Dean+v.+U.S.&hl=en&as_sdt=2,5

In Dean, the defendant was sentenced to ten years imprisonment under a federal sentencing enhancement for an accidental discharge of his firearm during a bank robbery. The prosecution presented evidence at trial indicating that the defendant went into the bank wearing a mask and carrying a loaded firearm. The defendant told everyone in the bank to “get down,” and then went behind the tellers’ station and began grabbing money with his left hand. The gun in his right hand discharged. The defendant seemed surprised by the discharge, cursed, and ran out of the bank. No one was injured or hurt during the robbery.

The defendant thereafter admitted he committed the robbery. The US Supreme Court upheld the defendant’s sentencing, in spite of the fact that there was no evidence of intentto discharge the firearm. The Court based its holding on the plain meaning of the statute requiring a minimum sentence of ten years imprisonment when a firearm is discharged during a robbery. The statute, 18 U.S.C. § 924(c) (1) (A), does not expressly state a criminal intent requirement. The Court further held that a presumption of criminal intent was not required. As the Court stated, “[i]t is unusual to impose criminal punishment for the consequences of purely accidental conduct. But it is not unusual to punish individuals for the unintended consequences of their unlawfulacts” (Deanv. U.S., 129 S. Ct. 1849, 1855 (2009)).

1. Do you think it is ethical to sentence Dean to ten years’ imprisonment for his accidental conduct in this case? Why or why not?

Check your answer using the answer key at the end of the chapter.