Criminal Law and Criminal Procedure
Criminal Law and Criminal Procedure tests substantive guilt and the procedural path from investigation to final judgment. Questions often require both a criminal-law analysis and a procedural objection.
Core rules
- Legality requires a statutory basis, defined conduct, and a defined sanction; analogy against the accused is prohibited.
- Liability requires conduct, causation, and mens rea. Intent and negligence are different; motive generally affects sentencing, not guilt.
- Attempt requires a voluntary act that begins the statutory offense without completion; withdrawal must prevent completion.
- Participation distinguishes joint principals from aiders and abettors by common plan and functional control.
- Procedure rests on the presumption of innocence, prosecution burden, judicial investigation, and legality of compulsory measures.
Worked example
A and B agree to rob a shop. B waits outside as a lookout while A threatens the clerk and takes cash. B is not merely an aider if the common plan assigned him a functional role in the taking; he can be a joint principal. If A is caught before taking the cash, the issue is attempt, not completed robbery. If B voluntarily withdraws, he must actively prevent the offense or neutralize his contribution; merely walking away is usually insufficient.
Traps
- Confusing motive with intent.
- Finding causation without a factual link between conduct and result.
- Treating every helper as an accessory without analyzing the common plan.
- Ignoring procedural challenges to searches, seizures, or custodial questioning.
- Using evidence obtained unlawfully without addressing exclusion.