Criminal Law and Procedure
Criminal Law and Procedure tests elements, mens rea, homicide, defenses, attempt and conspiracy, and constitutional criminal procedure under the Fourth, Fifth, and Sixth Amendments.
Core framework
Actus reus requires voluntary conduct. Mens rea levels are purpose, knowledge, recklessness, and negligence. Malice murder requires intent to kill, intent to inflict serious injury, depraved heart, or felony murder. Felony murder requires an inherently dangerous felony and causation; the merger doctrine limits it. Defenses include self-defense, duress, insanity (M'Naghten or MPC), and entrapment. Attempt requires intent plus a substantial step. Conspiracy requires agreement and, under the MPC, an overt act. Fourth Amendment: warrant, exceptions, probable cause, scope. Miranda applies to custodial interrogation. Sixth Amendment right to counsel is offense-specific and attaches at formal proceedings, not interrogation.
Worked example
D breaks into a house at night intending to steal. The homeowner confronts D; D pushes the homeowner, who falls, hits his head, and dies. D can be charged with felony murder if burglary is the predicate. Burglary is an independent felony, so the merger doctrine does not bar felony murder. The push is the causation link. But if the jurisdiction requires the death to be foreseeable, the fall may still qualify because the confrontation was a natural consequence of the burglary.
Traps
Voluntary intoxication does not negate general intent. The insanity test is jurisdiction-specific. A warrantless search may still be valid under consent, exigency, search incident, automobile, or plain view. Miranda custody is objective. The Sixth Amendment does not attach at arrest. Double jeopardy does not bar separate sovereign prosecutions.