Law School Criminal Law Class Session 13: Review and Bar Exam Preparation
Introduction to Criminal Law.
Purpose and principles of criminal law.
Purpose and principles of criminal law: This session introduces the fundamental principles of criminal law, emphasizing its role in defining and punishing wrongful conduct within society.
Elements of a crime: Actus Reus and Mens Rea.
Actus Reus refers to the physical act or conduct that constitutes a criminal offense.
Mens Rea refers to the mental state or intent behind the criminal act. It involves the guilty mind or the intent to commit the offense.
Categories of crimes: Felonies vs. Misdemeanors
Felonies are serious criminal offenses that typically carry severe penalties, including imprisonment for more than one year.
Misdemeanors are less serious offenses, often resulting in less severe penalties, such as a jail sentence of one year or less.
Model Penal Code (MPC) vs. Common Law Approach
Purpose and principles of criminal law: This session introduces the fundamental principles of criminal law, emphasizing its role in defining and punishing wrongful conduct within society.
The Model Penal Code (MPC) is a modern legal framework used in some jurisdictions to codify and standardize criminal laws, making them more consistent and coherent.
The Common Law Approach relies on judicial decisions and precedents to define and interpret criminal laws.
Homicide.
Overview of homicide as a crime.
Murder: Degrees and elements.
Case Study: State v Johnson - Applying degrees of murder.
Overview of homicide as a crime: Homicide is the unlawful killing of another person and is considered a criminal offense.
Murder: Degrees and elements: Murder involves the intentional killing of another person, with degrees (first-degree, second-degree) defining the level of intent and severity of the crime.
Assault and Battery.
Defining assault and battery.
Distinction between assault and battery.
Assault with intent vs. simple assault.
Case Study: People v Ramirez - Analyzing assault charges.
Defining assault and battery: Assault is the threat of physical harm, while battery is the actual physical harm caused to another person.
Distinction between assault and battery: Assault involves the threat of harm, whereas battery involves the actual application of force or contact.
Assault with intent vs. simple assault: Assault with intent implies an intention to harm, while simple assault lacks specific intent to harm.
Theft Crimes.
Types of theft crimes.
Legal elements of theft crimes.
Case Study: State v Smith - Analyzing theft charges
Types of theft crimes: Theft crimes encompass various offenses, including larceny, embezzlement, and robbery, involving the unlawful taking of someone else's property.
Legal elements of theft crimes: These elements typically include taking, intent to permanently deprive, and the lack of consent.
Sexual Offenses.
Legal definitions and elements of sexual offenses.
Consent and consent laws.
Case Study: Commonwealth v Anderson - Analyzing a sexual assault case.
Legal definitions and elements of sexual offenses: These offenses involve sexual misconduct and are defined by specific elements that must be proven in court.
Consent and consent laws: Consent laws govern the requirement for voluntary and informed consent in sexual activities.
Defenses to Criminal Liability.
Insanity defense and its rules (M'Naghten, Irresistible Impulse, Durham).
Self-defense and its elements.
Case Study: State v Thompson - Analyzing self-defense claim.
Insanity defense and its rules (M'Naghten, Irresistible Impulse, Durham): The insanity defense is based on a defendant's mental state at the time of the offense and is assessed under various legal standards, including M'Naghten, Irresistible Impulse, and Durham rules.
Self-defense and its elements: Self-defense is a defense that justifies using force to protect oneself or others and involves elements such as the reasonable belief of an imminent threat.