01:202:309 Lecture Notes - Lecture 11: Actus Reus, Strict Liability, Statutory Rape
12 Mar 2018
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Punishment: what to punish, what makes something an offense, how to punish, what is the severity of the punishment, why to punish, retribution, utilitarianism, deterrence, vengeance. Defining crimes: must be de ned by statutes, establish elements of crimes, no common law crimes, courts cant establish criminal offenses, courts can interpret statutory language, ambiguous language = rule of lenity. Culpability: actus reus, every crime requires either, voluntary act, martin v. state, people v. newton, voluntary omission, jones v. us, must have a duty of care in order for an omission to be criminal. Mens rea: guilty mind, njsa 2c:2-2, purposely, knowingly, recklessly, negligently. Rape: nj de nition of sexual assault - njsa 2c:14-2, force requirement. Tuesday, march 6, 2018: threats and coercion, consent requirement, consent affected by impairment, deception, mistake of fact as to consent. Bill rover is a 20-year old rutgers student who has been dating his 17 year old girlfriend, sarah faithful, for 2 years.
