Criminal law approach

Focus on
1. Homicide
2. Inchoate crimes
3. Property offenses
4. Defenses
a. Self-defense
i. Non deadly force: OK IF V reasonably believe force is imminent
ii. Deadly force: OK IF V is w/o fault + confronted w/ unlawful foce +
reasonably believes threat of deadly force OR great bodily harm imminent
b. Insanity
i. M’naghten: D doesn’t know right from wrong OR understand nature of
actions
ii. Irresistible impulse test: unable to control actions OR conform conduct to
law
iii. Durham: But for mental illness, D would not have committed act
iv. MPC: combination of M’naghten and irresistible impulse
1. As a result of mental impairment: D doesn’t know right from
wrong OR unable to conform conduct to the law
c. Intoxication
i. Voluntary intoxication is a defense for specific intent crimes
ii. Involuntary intoxication: defense; treat like insanity and use Jx’s test
d. Mistake of facts
i. MAY negate mens rea
1. reasonable mistake for general intent crimes
2. unreasonable mistake for specific intent crimes
ii. Does NOT work for strict liability crimes
Elements
 Actus reus
o Look for action verbs
 Mens rea
o Believe, thought, aware, didn’t care
 Concurrence
 Causation

Types of questions
 1) What is the most serous crime
o Homicide hierarchy
 A) Murder: unlawful killing of another w/ malice aforethought
 Elements
o 1) Intent to kill
o 2) Intent to commit serious bodily harm
o 3) Reckless indifference to unjustifiably high risk to life
 o 4) Intent to commit a felony (BARRK)
 Burglary
 Arson
 Rape
 Robbery
 Kidnapping
 B) Voluntary manslaughter: killing done in heat of passion as result of
adequate provocation
 Reasonable person standard for adequateness of provocation
 Words not sufficient
 No Cool off period
 C) Involuntary manslaughter
 Two types
 Death resulting from criminally negligent behavior
 Death resulting from misdemeanor OR commission of
unenumerated felony (No BARRK)
 D) Battery
 2) What crimes have been committed
o Cannot intentionally be negligent or reckless
o Property crimes
 Larceny: taking AND carrying away (asportation) + trespass + intent to
permanently deprive (AT time of taking)
 Continued trespass included
 Embezzlement: fraudulent conversion of property by party in rightful
possession
 Robbery: larceny + force OR immediate threat of force
 Extortion: larceny + threat of FUTURE harm
 False pretenses: victim intended to give thief title
 Larceny by trick: victim intended to give thief mere possession
 3) Which of the following would best aid defendant/prosecution
 4) Should D be convicted

Criminal procedure
Focus on
 Exclusionary rule
 Search and seizure
o Ask IF there’s a seizure
 Occurs any time a reasonable person would feel they are not free to leave
or terminate encounter
 Three types of seizures
 Arrest
o May occurr w/o warrant UNLESSS at D’s home
 o NEED PC for warrantless search
 Terry stops (investigatory detention)
o Req reasonable suspicion of illegal activity + supported by
articulable facts
o Frisk is permitted IF officer has reason to believe D is
armed and dangerous
 Auto search
o Permitted IF reasonable suspricion
o Roadblocks do NOT require reasonable suspicion BUT req.
neutrality + basis that concerns auto mobility
o WHO seized evidence
 Gov officials
o Did D have reasonable expectation of privacy
 Required for standing
o Was there a valid warrant
 Issued w/ PC by neutral magistrate
 IF PC based on informant, focus on reliability
o Credibility
o Anonymous
 IF so, did they provide predictive info that invoked
indicia of reliability
 IF invalid, did police act in good faith
o IF warrantless, unconstitutional UNLESS**
 1) Search incident to lawful arrest: can conduct contemporaneous search
of arrestee’s wingspan
 Consider both timing and geographical scope issues
 IF in car, can search compartment (and containers therein) IF
o Arrestee is unsecured and may still gain access to vehicle
o OR reasonable belief evidence for arresting offense may be
found
 2) Auto exception
 Applies ONLY when police have PC to believe they’ll find
contraband or evidence
 3) Plain view
 Legit presence
 4) Consent
 Person w/ apparent equal right to use/occupy property may
consent
o Look for apparent right to use certain area
 UNLESS co-occupant
 5) Stop and frisk
 Frisk: If police reasonably believe detainee to be armed
 o Limited to outer clothing UNLESS has specific info that
weapon is hidden in particular area of clothing
 6) Hot pursuit, fleeting evidence, and emergency aid
 Arrest & investigatory detentions
 Confessions and privileges
o Steps
o 1) Was the perp in custody
 Would a reasonable person feel free to leave
 Does the environment present the same coercive pressures as
stationhouse questioning?
o 2) Did the Perp know the person questioning them was a cop
 IF NOT warnings are NOT needed
o 3) was there an interrogation
 Includes any words/conduct by police they should know are likely to elicit
incriminating response
 Rights to counsel
 Line-ups, fair trial, guilty pleas, and double jeopardy
