Tanaka Criminal Law Casebook

Second Edition, 2022

  • Elizabeth Tanaka

        To my students:  I hope that this casebook provides you with an introduction to important principles of criminal law, as well as an understanding of how issues of mental health, race, sex, gender, and sexual orientation have been treated by the legal system.  This casebook will also help you consider how criminal laws reflect societal norms, how they have influenced (and been influenced by) change in this country, and what potential shortcomings continue in modern criminal law.  This casebook should invite meaningful discussions about the role of race in the legal system, including policies regarding policing, discretion, and diversionary programs.  

        Although the subject of criminal law cannot be taught without the use of cases and resources that include terrible crimes with distressing details, I have tried to be thoughtful about the inclusion of difficult material.  I did so to avoid using traumatizing material when it was not necessary to the purposes of this course.  Please try be aware of your need for breaks and self-care as you proceed through these materials.

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        To other faculty:  This casebook is yours to clone, revise, and make your own.  I only request that you continue to credit those whose work is included here and please let me know how you have improved upon it.

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       This casebook is adapted from the amazing work done by David Ball and Michelle Oberman.  They recognized the shortcomings of traditional casebooks and sought to create a more perfect text.  This edition would not be possible with the assistance of my tireless research assistants:

2021:  Alexa Binkowitz, Nataly Brown, Hope Estrella, and Shannon Palm

2022:  Adrianna Aresco, Amy Bonin, Matthew Chai, Dakota Flint, Samantha Passanante, Andrew Post, Paige Sorenson, Matthew Ventricelli, and Rebecca Zeuschner

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        I also echo the gratitude to those whose contributions live on in this version: Joshua Dressler; Stephen Garvey; Cynthia Lee; Angela Harris; Jeannie Suk; Tim Wu; Amna Akbar; Alice Ristroph; Paul Butler; Allegra McLeod; Jocelyn Simonson; Karen Tani; Mike Flynn; and the students and co-authors who were the driving force behind this project: Cydney Chilimidos; Miriam Contreras; Jenai Howard; Christina Iriart; Angela Madrigal; Leah Mesfin; Zachary Nemirovsky; Nicholas Newman; Nathanial Perez; Michael Pons; and Phillip Yin.

--Elizabeth S. Tanaka, Quinnipiac University School of Law

4 Introduction to Element Analysis & Interpreting Statutes 4 Introduction to Element Analysis & Interpreting Statutes

4.1. The American Model Penal Code: A Brief Overview

Robinson, Paul H. and Dubber, Markus D., "The American Model Penal Code: A Brief Overview" (2007). Faculty Scholarship at Penn Law. 131. https://scholarship.law.upenn.edu/faculty_scholarship/131

The American Model Penal Code: A Brief Overview

Read Introduction (pp319-320)

Read Section F., Innovations in Specific Criminal Law Doctrines, 1. Offense Elements (pp334-336)

The American Model Penal Code: A Brief Overview

4.2 Model Penal Code (MPC) 1.13 General Definitions 4.2 Model Penal Code (MPC) 1.13 General Definitions

Section 1.13. General Definitions.

In this Code, unless a different meaning plainly is required:

(1) "statute" includes the Constitution and a local law or ordinance of a political subdivision of the State;

(2) "act" or "action" means a bodily movement whether voluntary or involuntary;

(3) "voluntary" has the meaning specified in Section 2.01;

(4) "omission" means a failure to act;

(5) "conduct" means an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions;

(6) "actor" includes, where relevant, a person guilty of an omission;

(7) "acted" includes, where relevant, "omitted to act";

(8) "person," "he" and "actor" include any natural person and, where relevant, a corporation or an unincorporated association;

(9) "element of an offense" means (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as

(a) is included in the description of the forbidden conduct in the definition of the offense; or

(b) establishes the required kind of culpability; or

(c) negatives an excuse or justification for such conduct; or

(d) negatives a defense under the statute of limitations; or

(e) establishes jurisdiction or venue;

(10) "material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with (i) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct;

(11) "purposely" has the meaning specified in Section 2.02 and equivalent terms such as "with purpose," "designed" or "with design" have the same meaning;

(12) "intentionally" or "with intent" means purposely;

(13) "knowingly" has the meaning specified in Section 2.02 and equivalent terms such as "knowing" or "with knowledge" have the same meaning;

(14) "recklessly" has the meaning specified in Section 2.02 and equivalent terms such as "recklessness" or "with recklessness" have the same meaning;

(15) "negligently" has the meaning specified in Section 2.02 and equivalent terms such as "negligence"' or "with negligence" have the same meaning;

(16) "reasonably believes" or "reasonable belief" designates a belief which the actor is not reckless or negligent in holding.

4.3 Decoding the Code: Model Penal Code § 1.13 4.3 Decoding the Code: Model Penal Code § 1.13

Read Model Penal Code § 1.13, and answer the following questions:

1.  What are the three types of elements?

2.  What is a material element? (What is not a material element?)

3.  What are the four mental states?

4.4. Mens Rea (Video)

The following video provides a very brief introduction into the concept of mens rea.

Mens Rea (Video)

4.5 Model Penal Code (MPC) 1.04. Classes of Crimes; Violations 4.5 Model Penal Code (MPC) 1.04. Classes of Crimes; Violations

Section 1.04. Classes of Crimes; Violations.
(1) An offense defined by this Code or by any other statute of this State, for which a sentence of [death or of] imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, misdemeanors or petty misdemeanors.
 
(2) A crime is a felony if it is so designated in this Code or if persons convicted thereof may be sentenced [to death or] to imprisonment for a term that, apart from an extended term, is in excess of one year.
 
(3) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto.
 
(4) A crime is a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto or if it is defined by a statute other than this Code that now provides that persons convicted thereof may be sentenced to imprisonment for a term of which the maximum is less than one year.
 
(5) An offense defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction or if it is defined by a statute other than this Code that now provides that the offense shall not constitute a crime. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
 
(6) Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor.
 
(7) An offense defined by any statute of this State other than this Code shall be classified as provided in this Section and the sentence that may be imposed upon conviction thereof shall hereafter be governed by this Code.

4.6 Decoding the Code: Model Penal Code § 1.04 4.6 Decoding the Code: Model Penal Code § 1.04

Read Model Penal Code § 1.04, and answer the following questions:

1.  What constitutes a crime for purposes of the Model Penal Code?

2.  What are the three categories of crimes under the Model Penal Code?

3.  How can an offense be classified as a violation under the Model Penal Code?

4.  Is a violation a crime?

4.7 Model Penal Code (MPC) 2.05 When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes; Effect of Absolute Liability in Reducing Grade of Offense to Violation. 4.7 Model Penal Code (MPC) 2.05 When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes; Effect of Absolute Liability in Reducing Grade of Offense to Violation.

Section 2.05. When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes; Effect of Absolute Liability in Reducing Grade of Offense to Violation.

(1) The requirements of culpability prescribed by Sections 2.01 and 2.02 do not apply to:

(a) offenses which constitute violations, unless the requirement involved is included in the definition of the offense or the Court determines that its application is consistent with effective enforcement of the law defining the offense; or

(b) offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.

4.8 Decoding the Code: Model Penal Code § 2.05 4.8 Decoding the Code: Model Penal Code § 2.05

Read Model Penal Code § 2.05, and rewrite the rule in bullets or some other format that makes it easier to understand.  

4.9. Actus Reus: The Physical Act of Committing a Crime (Video)

The following video provides a very brief overview of actus reus, the act of committing a crime.

Actus Reus: The Physical Act of Committing a Crime (Video)