Criminal Law and Procedure
Criminal Law and Procedure tests the Kentucky Penal Code, mental states, homicide, defenses, and the criminal process from arrest through appeal. The Penal Code is codified in KRS Titles L and LI, and Kentucky Rules of Criminal Procedure (RCr) govern state criminal practice.
Culpable mental states
The Penal Code recognizes intentional, knowing, wanton, and reckless conduct. A person acts wantonly when aware of and consciously disregarding a substantial and unjustifiable risk. Strict liability offenses are disfavored and require clear legislative intent.
Homicide
Murder under KRS 507.020 requires intentional killing or wanton killing manifesting extreme indifference to human life. First-degree manslaughter is intentional killing under extreme emotional disturbance; second-degree manslaughter is wanton killing; reckless homicide is reckless killing.
Defenses
Self-defense requires reasonable belief in imminent unlawful force. Kentucky's stand-your-ground provision, KRS 503.055, removes any duty to retreat for a person lawfully present. Extreme emotional disturbance mitigates murder to manslaughter if the defendant acted under a reasonable explanation or excuse.
Procedure
Felonies generally proceed by grand jury indictment; misdemeanors by information. RCr 11.42 governs post-conviction relief for ineffective assistance. The Fourth Amendment and Kentucky Constitution Section 10 protect against unreasonable searches, and the exclusionary rule applies in Kentucky prosecutions.
Worked example
D fires a rifle into a crowded apartment wall to scare his neighbor. A bullet kills a child. D did not intend death, but his conduct shows wanton killing manifesting extreme indifference, supporting a murder charge rather than reckless homicide.
Traps
Treating extreme emotional disturbance as a complete defense; assuming a duty to retreat in Kentucky; confusing wanton murder with second-degree manslaughter; missing RCr 11.42's one-year filing deadline.