Criminal Law and Procedure
Elements and Defenses
Criminal law tests mens rea precision: purposely, knowingly, recklessly, negligently. Actus reus requires voluntary conduct, concurrence with intent, and actual and proximate causation. Inchoate crimes: attempt requires intent plus a substantial step; conspiracy requires agreement plus intent plus an overt act (common law no overt act; MPC yes) and does not merge with the completed offense. Accomplices are liable for foreseeable crimes in furtherance of the enterprise.
Homicide and Defenses
Murder is an unlawful killing with malice (intent, reckless indifference, felony murder). First-degree typically requires premeditation or an enumerated felony; manslaughter is heat of passion or criminal negligence. Defenses: self-defense (reasonable belief, proportionality, no initial aggressor), defense of others, duress (not for homicide), necessity, insanity (M'Naghten or MPC), and intoxication (specific intent only).
Procedure
Fourth Amendment: searches need probable cause plus a warrant absent an exception - consent, search incident to arrest, automobile, plain view, exigency, inventory, or stop-and-frisk (reasonable suspicion of weapons). The exclusionary rule has good-faith, inevitable-discovery, and attenuation exceptions. Fifth Amendment: Miranda requires custody plus interrogation; booking questions and public safety do not. Sixth Amendment attaches at formal proceedings and is offense-specific. Double jeopardy bars reprosecution after acquittal.
Traps
- Miranda warnings are not required for spontaneous statements.
- Probable cause to search a car extends to containers within it.
- Conspiracy is punishable even if the substantive crime is impossible.
Worked example: an officer stops a car for speeding, smells marijuana, and searches the trunk - lawful under the automobile exception if probable cause exists.