Criminal Law and Criminal Procedure
Core concepts
Criminal law addresses the elements of an offense (actus reus, mens rea), defenses (self-defense, necessity, insanity, mistake), and the rules on attempt and participation. Procedure covers arrest, detention, search, interrogation, the presumption of innocence, and the right to counsel. Know the legality principle: no crime or punishment without a prior law.
Traps
Questions often test whether a defense negates an element or merely mitigates. Self-defense requires proportionality and an imminent threat; excess may reduce but not excuse. In procedure, watch for unlawful search fruits and the exclusionary principle, and for detention limits measured from arrest.
Worked example
If an accused was interrogated without counsel, ask whether the confession is admissible; the answer turns on the procedural safeguard, not on whether the confession is true. Rule of thumb: procedural violations are assessed independently of factual guilt.
Exam strategy
Separate the analysis into offense elements, defenses, and procedural regularity, and answer each in order.