Criminal Law and Procedure
Elements and Defenses
Every crime requires an actus reus and a mens rea unless it is strict liability. Distinguish specific intent, general intent, malice, and negligence. Inchoate offenses: attempt requires intent plus a substantial step; conspiracy requires an agreement and usually an overt act; solicitation is merely asking another to commit a crime. Accomplice liability requires intent to aid the principal. Common defenses include self-defense and defense of others, duress, necessity, insanity (M'Naghten, irresistible impulse, or the MPC substantial capacity test), and entrapment.
Procedure
Know the difference between a stop (reasonable suspicion; a limited frisk for weapons) and an arrest (probable cause). Searches generally require a warrant, with exceptions for search incident to a lawful arrest, the automobile exception, plain view, consent, exigent circumstances, and inventory searches. The exclusionary rule suppresses illegally obtained evidence and its fruits (fruit of the poisonous tree), subject to exceptions such as good faith. Miranda warnings are required only for custodial interrogation. The Sixth Amendment guarantees counsel at critical stages, a speedy and public trial, an impartial jury, and confrontation. Later stages include grand jury or preliminary hearing, arraignment, plea, sentencing, and appeal or habeas review.
Traps
Miranda is not triggered by voluntary statements or routine booking questions. Plain view requires a lawful vantage point. Consent must be voluntary. Double jeopardy does not bar retrial after a mistrial for manifest necessity or prosecution by a separate sovereign.
Worked Example
An officer lawfully stops a car for a broken taillight and, from the driver's window, sees a bag of white powder on the back seat. The evidence is admissible under the plain view and automobile exceptions; no warrant was required.