Criminal Law and Procedure
Criminal Law and Procedure tests the elements of offenses, defenses, and the constitutional rules governing investigation and trial. Ohio applies its own criminal code and rules, so check for Ohio-specific definitions when the call asks for Ohio law.
Core rules
- Mens rea levels include purposely, knowingly, recklessly, and negligently; the mental state applies to each material element unless the statute says otherwise.
- Felony murder at common law requires a death during an enumerated felony, with causation; the mens rea for the felony substitutes for intent to kill.
- Fourth Amendment seizures require probable cause or a warrant exception; the exclusionary rule is the usual remedy.
- Miranda warnings are required for custodial interrogation; Sixth Amendment counsel attaches at formal charging.
Worked example
D breaks into a store at night intending to steal. The owner confronts D; D pushes the owner, who falls, hits his head, and dies. Reasoning: Burglary is an enumerated felony for common-law felony murder. D intended the burglary, and the death was caused during the felony. The push may also support manslaughter or murder on a separate theory, but the felony-murder charge does not require proof of intent to kill. If the jurisdiction limits felony murder to inherently dangerous felonies, burglary may still qualify depending on the statute.
Traps
- Confusing motive with intent.
- Assuming Miranda applies to all questioning rather than custodial interrogation.
- Missing that consent, plain view, and exigency are warrant exceptions.
- Overlooking accomplice liability for foreseeable crimes.