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The Principles of Criminal Law (PRACTICE: Multiple Choice Qs!)
These are the concepts that I believe to be the most integral to the course. Please make sure you understand everything that the Professor covers in lecture, but these concepts especially.
  • What's at stake?
    • Stigma of being accused
    • Loss of freedom


  • Constitutional Limits
    • Article 1, Sections 9 & 10
      • No Ex Post Facto Laws

    • 4th Amendment
      • No unreasonable search & seizure
      • There must be probable cause
      • There must be a warrant

    • 5th Amendment
      • Need a indictment by a grand jury to be held for a capital crime
      • No Double Jeopardy
      • No Self Incrimination

    • 6th Amendment
      • Right to a speedy trial
      • Right to a jury
      • Right to counsel

    • 8th Amendment
      • No Cruel & Unusual Punishment
      • Punishment was be proportional to the crime
        • 3 Prong Test:
          • Does it comport with public value?
          • Does it offend human dignity?
          • Is the crime proportionate to the punishment?

    • 14th Amendment
      • The prosecution must prove beyond a reasonable doubt as to each of the elements of the crime charged.
      • Presumption of innocence until proven guilty.



  • Principle of Legality- No crime w/o law; no punishment w/o law.
    • Clarity- Crim statutes must be understandable to reasonable person

    • Avoid Undue Discretion In Law Enforcement- Crim statutes should be crafted so as not to delegate basic policy matters to police officers, judges, and juries.

    • Rule of Lenity- Judicial interpretation of AMBIGUOUS statues should be biased in favor of the accused.

    • IF YOU ARE GIVEN A STATUTE ON THE EXAM:
      You should first analyze its *CONSTITUTIONAL VALIDITY. This is when you bring up these concepts. This analysis may include a comparison to the crime's Common Law definition to determine legislative intent in the first place.

  • Proportionality (8th Amendment)
    • How much punishment is excessive or disproportionate to a particular crime?
    • Under what circumstances are disproportionate punishment unfair or unconstitutional?



  • Burdens of Proof (5th & 14th Amendments)
    • Burden of Production
      • Must meet this or it will not get to the jury- DIRECTED VERDICT.
    • Burden of Persuasion
    • The Prosecution MUST always meet both burdens.
    • The Defense must meet both burdens when asserting AFFIRMATIVE DEFENSES.



  • "Beyond A Reasonable Doubt" (14th Amendment)
    • This is the highest burden of proof.
    • THIS PHRASE SHOULD BE SOMEWHERE IN YOUR MIDTERM AND FINAL!***



  • General Intent (actus reus), Specific Intent (actus reus + mens rea)


  • Actus Reus
    • Voluntary Act/Omission
      • For Omission, there must be a DUTY

    • Causation
      • Actual Cause: 3 tests
        • But for Test
        • Acceleration Test
        • Substantial Factor Test (2 Defendants)
      • Proximate Cause:
        • Foreseeability Test:
          • INTERVENING- PROXIMATE
            • Victim
            • Act of God
            • Third Party
          • SUPERSEDING- NOT PROXIMATE
            • Apparent Safety Doctrine
            • Too Remote
            • Gross Negligence

    • Harm/Result



  • Mens Rea
    • Common Law

    • Model Penal Code:

      • Purposely (subjective standard)
        • A person acts purposely when his CONSCIOUS OBJECT is to engage in certain conduct or cause a certain result.

      • Knowingly (subjective standard)
        • A person acts knowingly when he is AWARE or KNOWS that his conduct will very likely cause a particular result.

      • Recklessly (subjective standard)
        • A person acts recklessly when he KNOWS of a substantial and unjustifiable risk and CONSCIOUSLY DISREGARDS IT.

      • Negligently (objective standard)
        • A person acts negligently when he FAILS TO BE AWARE of a substantial and unjustifiable risk.

  • Accomplice vs. Conspiratorial Liability
(WARNING: just because it's not listed in here, doesn't mean that it won't be covered on the midterm/final!)
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