Criminal Law and Procedure - Elements and Investigations
Criminal Law and Procedure tests substantive offenses, defenses, and the constitutional rules governing investigation and trial. Separate the elements of the offense from the legality of the police conduct.
Substantive law
- Mens rea: purpose, knowledge, recklessness, negligence; strict liability omits mens rea.
- Homicide: murder requires malice; manslaughter requires heat of passion or reckless disregard.
- Theft offenses require trespassory taking and intent to permanently deprive; robbery adds force or threat.
- Defenses: self-defense, defense of others, duress, insanity, entrapment.
Procedure
- Fourth Amendment: searches need probable cause and a warrant unless an exception applies; stops need reasonable suspicion.
- Fifth Amendment: custody plus interrogation triggers Miranda; voluntariness governs confessions.
- Sixth Amendment: right to counsel attaches at critical stages after formal charges. The exclusionary rule deters violations but has good-faith and inevitable-discovery limits.
Worked example
An officer stops a car for an expired tag. On approaching, the officer smells burnt marijuana and sees a baggie in plain view. The stop is valid because the tag violation is an observed offense. The smell and plain view give probable cause for a vehicle search under the automobile exception. A later confession during custodial interrogation is inadmissible unless the suspect was warned and waived.
Traps
Do not assume a traffic stop authorizes a full search. Do not confuse probable cause with reasonable suspicion. Do not apply Miranda to nontestimonial evidence or to routine booking questions.