Criminal Law and Procedure: Mens Rea, Homicide, and Police Investigations
What the exam tests
Substantive criminal law and constitutional criminal procedure appear together: mens rea, actus reus, accomplice liability, attempt, conspiracy, homicide, defenses, Fourth Amendment searches and seizures, Miranda, right to counsel, and the exclusionary rule.
Core rules
- Mens rea levels: purposely, knowingly, recklessly, negligently. Statutory interpretation matters; do not assume intent for strict-liability offenses.
- Accomplice liability: intent to assist and actual assistance; natural and probable consequences may extend liability.
- Attempt: specific intent plus a substantial step. Conspiracy: agreement plus intent; overt act only if statute requires.
- Homicide: murder requires malice aforethought (intent to kill, intent to cause serious bodily harm, reckless indifference, felony murder). Manslaughter includes heat of passion or criminal negligence.
- Defenses: self-defense requires reasonable belief in imminent unlawful force and proportionality; insanity tests vary, with M'Naghten focusing on knowing wrongfulness.
- Fourth Amendment: warrant requires probable cause and particularity. Exceptions include search incident to arrest, automobile, consent, plain view, exigency, and inventory.
- Fifth Amendment: Miranda warnings are required for custodial interrogation. Sixth Amendment: right to counsel attaches at formal proceedings; confrontation applies to testimonial hearsay.
Worked example
Police arrest a suspect for robbery and question him at the station without Miranda warnings. He confesses. The statement is inadmissible because he was in custody and the officer's question was reasonably likely to elicit an incriminating response. Routine booking questions would not trigger Miranda, but asking where the stolen money is located does.
Traps
Miranda is not required for routine traffic stops or booking questions. Consent must be voluntary. The exclusionary rule has exceptions, including attenuation and inevitable discovery.