Criminal Law and Procedure
Substantive Criminal Law
Crimes require actus reus and mens rea. Mens rea categories: purposeful, knowing, reckless, negligent. Defenses: self-defense (reasonable belief, proportional force, no initial aggressor), defense of others, necessity, duress, insanity (California uses M'Naghten), and entrapment. Inchoate offenses: attempt (specific intent plus substantial step), conspiracy (agreement plus overt act in California), solicitation.
Constitutional Protections
Fourth Amendment: search and seizure; warrant requirement; exceptions (consent, search incident to arrest, plain view, exigency, automobile, inventory). Fifth Amendment: self-incrimination, Miranda (custody plus interrogation), double jeopardy. Sixth Amendment: right to counsel, speedy trial, jury trial, confrontation. Fourteenth Amendment: due process.
Procedure
Arrest → arraignment → preliminary hearing (felonies) → trial. California preliminary hearings require probable cause. Bail, plea bargaining, and sentencing. Know the exclusionary rule and its exceptions (good faith, inevitable discovery, attenuation).
Traps
Miranda applies only to custodial interrogation - not to volunteered statements or booking questions. Conspiracy requires an overt act in California but not under the common law. Entrapment focuses on police conduct inducing a person not predisposed.
Rule of Thumb
For any search question, ask: (1) Was there a search? (2) Was there a warrant? (3) If not, which exception applies? (4) If evidence is excluded, does an exception to the exclusionary rule save it?