Criminal Law and Procedure
Criminal Law and Procedure tests mens rea, actus reus, homicide, defenses, and the Fourth, Fifth, and Sixth Amendments. Expect searches, seizures, interrogations, identifications, and trial rights.
Substantive crimes
Actus reus requires a voluntary act. Mens rea categories include purposely, knowingly, recklessly, and negligently. Murder is unlawful killing with malice aforethought; manslaughter may be voluntary (heat of passion) or involuntary (recklessness). Felony murder requires an inherently dangerous felony, and the underlying felony merges.
Fourth Amendment
A search occurs when the government invades a reasonable expectation of privacy. Warrantless searches are per se unreasonable unless an exception applies: search incident to lawful arrest, automobile, plain view, consent, exigency, inventory, and Terry stop. A Terry stop requires reasonable suspicion; a frisk requires reasonable suspicion of armed danger.
Fifth and Sixth Amendments
Miranda warnings are required for custodial interrogation. The Sixth Amendment right to counsel attaches at formal proceedings; identification procedures violate due process if unnecessarily suggestive and unreliable.
Worked example
Police lawfully arrest a suspect for robbery. They search the passenger compartment of his car incident to arrest. Under Arizona v. Gant, that search is valid only if the arrestee is unsecured and within reaching distance of the compartment or the offense is evidence-related. If he is handcuffed in the patrol car, the search is invalid absent another exception.
Traps
Do not confuse reasonable suspicion with probable cause. Do not apply Miranda to nontestimonial evidence or to spontaneous statements. Check the good-faith exception and the independent source doctrine.