Criminal Law Outline

 

Table of Contents

 

Word List 3

The common law versus statutes. 4

What is a crime?. 4

Jury nullification. 4

Theories of punishment 4

Utilitarianism.. 4

Retributivism.. 5

Differences between the theories. 5

The principle of legality. 6

Burden of proof 7

The Winship doctrine. 7

The elements of a crime. 7

Actus reus. 7

Voluntary act 8

Omission. 8

Social harm.. 9

Mens rea. 9

Transferred intent 9

General versus specific intent 9

Kinds of culpability. 10

Mistake of fact 10

The “moral wrong” doctrine. 11

The “legal wrong” doctrine. 11

Mistake of law.. 11

Causation. 13

Actual cause. 13

Proximate cause. 13

Criminal homicide. 14

“Malice aforethought”. 14

Model Penal Code on criminal homicide. 15

Adequate provocation. 15

The reasonable man. 15

Depraved-heart murder. 16

The felony-murder rule. 17

The “inherently dangerous felony” limitation. 17

The “independent felony” or “merger” limitation. 18

Rape. 19

The resistance requirement 19

The common law rule of resistance. 20

The mens rea of rape and mistake of fact 21

Rape shield laws. 22

Defenses. 23

Justification. 23

Self-defense. 24

Common law principles. 24

The “aggressor” issue. 24

“Reasonable belief” at common law.. 24

“Self-protection” and the Model Penal Code. 25

Necessity. 25

Excuse. 26

Duress. 26

Insanity. 27

“Rotten Social Background” (RSB) Defense. 28

Cultural defenses. 29

Inchoate offenses. 29

Conspiracy and solicitation. 29

Attempt 29

Actus reus of attempt 31

Tests for attempt 31

Defenses to attempt 32

Factual impossibility versus legal impossibility. 32

Complicity. 32

Mens rea of accomplice liability. 33

Foreseeable consequences doctrine. 34

“Natural and probable consequences” doctrine. 35

Presence. 35

“Innocent instrumentality” doctrine. 37

Exam advice. 38

What Dressler looks for on tests. 38

The exam instructions. 39

The exam itself 39

Exam taking do’s and don’t’s. 40

Outlining on the exam.. 40

Writing an essay question. 41

Multi-party cases. 42

Multi-crime cases. 43

 


 

Word List

 

Purposefully

Knowingly

Recklessly

Negligently

Necessity

Justification

Self-defense

Common law

Accomplice liability

Murder

Manslaughter

Negligent homicide

Duress

Strict liability

General intent crime

Specific intent crime

Insanity

Excuse

Attempt

Principle of legality