Criminal Law and Procedure
Criminal Law and Procedure tests the Oregon Criminal Code, ORS chapter 161, and Oregon constitutional criminal procedure. Expect actus reus, mens rea, homicide, theft, defenses, arrest, search, interrogation, and trial rights.
Core rules
- ORS 161.085 defines intentionally, knowingly, recklessly, and with criminal negligence. If a statute is silent, ORS 161.115 supplies a culpability requirement unless the legislature clearly intended strict liability.
- Self-defense under ORS 161.209 permits reasonable physical force against imminent unlawful force; deadly force is narrower. The defendant must produce evidence, and the state must disprove the defense beyond a reasonable doubt.
- Article I, section 9 requires a warrant or an exception for searches; ORS chapter 133 governs arrest and search warrants. Miranda applies to custodial interrogation.
- Theft requires an unauthorized taking with intent to deprive; robbery adds force or threat of force.
Worked example
Defendant is charged with assault after a bar fight. He testifies that the victim lunged at him with a bottle. The court must instruct on self-defense if the evidence supports it. The jury then asks whether Defendant had to retreat; Oregon does not impose a general retreat duty before using nondeadly force in a place where the defendant may lawfully be. The state must prove beyond a reasonable doubt that the force was unjustified. Reasoning: identify the defense, allocate the burden, and apply the force limits.
Traps
Do not attach mens rea only to the act; it may apply to circumstances and results. Do not assume every statutory violation requires suppression. Do not confuse a Terry stop with a full arrest; do not forget the Oregon constitutional overlay.