Prof Homer: [email protected] Prof Dombrow: [email protected] Prof Gutterud: [email protected]
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Criminal Law: Applying Test-taking Skills to
Substantive Law
• Review/Reflection
• Structure of Criminal Law
• Study Tools
•Outlining
• Flash Cards
• Group Activity
•Written Exercise
•Analysis (Facts+WHY)
• ―Soft grades‖ vs. ―Hard grades‖
• Purpose of 2nd Semester Workshop
Series
• Criminal Law=1 semester, 1 shot
Review/Reflection:
Focus of ASP:
Case reading
Time management, actually doing the reading, briefing, how to brief and take class notes for understanding
Outlining
Organization, proper rules, length, etc.
Study Strategies
Flash cards, Supplements, Substantive Review
Exam Taking Strategy
Practice Exams, Time Management, Pre-write outlines, etc.
What skill do you most want to improve on?
Practice Exams/ Review Sessions
Review Class notes for
understanding
Adjust Outline
Assess what you
know
Update Outline
Read, brief, class
notes
Review/Reflection:
• Actus Reus
• Mens Rea
THEN you get to actual crimes:
• Murder
• Rape
• Larceny
• Inchoate crimes
Structure:
• Use the Syllabus & book to provide a basic
guideline THEN
• Outline sub-elements of crimes with the
structure/order you’d use on the exam
Study Tools:
I.INTRODUCTION
Week of January 9th
1. Jan 9th: Overview of Course - Theoretical Perspectives
Lawrence v. Texas - pp. 121-131
City of Chicago v. Morales – pp. 154-166
Theories of Punishment pp. 79-82; 85-94, 97-100
2. Jan 11th: The Process of Punishment; Theoretical and Comparative Perspectives
pp. 29-31; 42-62
II.ELEMENTS OF CRIMINAL CONDUCT: ACTUS REUS and MENS REA
Jan 18th: Actus Reus (the Required Act): Voluntary Act/Omissions - pp. 182-
192; 200-213
Jan 23rd: Mens Rea: Common Law Conceptions –pp. 213-222
5. Jan 25th: Mens Rea: The Model Penal Code Approach -pp. 222-233
Jan 30: Mens Rea: The Model Penal Code Approach – pp. 222-233
7. Feb 1: Mens Rea (Mental States): Strict Liability – pp. 248-264
8. Feb 6: Mistake of Fact and Law (Defenses) pp. 234-248; 267-285; 288-290
III.SPECIFIC CRIMES
9. Feb 8: Theft and Related Offenses (Row 4) pp. 933-959; 965-969; 979-989;
996-1004
10. Feb 13: Rape and Other Sexual Offenses pp. 291-318 (Trial Simulation)
11. Feb 15: Rape and Other Sexual Offenses - pp. 318-344; 344-371
12. Feb 20: Homicide – Intentional Killings - pp. 373-410
13. Feb 22: Homicide - Involuntary Manslaughter -pp. 392-426
14. Feb 27: Homicide – Murder and Felony Murder -pp. 418-446
15. Feb 29t: Homicide – Felony Murder – 447-466
IV.CAUSATION
Mar 7: Causation –The Significance of Resulting Harm-pp. 509-523
Spring Break (March 12th/14th –no classes)
March 5 Causation – The Significance of Resulting Harm - pp. 509-523
Midterm Review Session
V. INCHOATE CRIMES AND GROUP CRIMINALITY
20. Mar 26: Attempt and Solicitation; Factual v. Legal Impossibility pp. 544-
561; 562-588
21. Mar 28: Accomplice Liability and Conspiracy - pp. 663-679
22. April 2: Accomplice Liability and Conspiracy- pp.704-721
VI. DEFENSES
April 4: Self Defense; Protection of Property: pp 764-786:
April 9: Justification: Necessity - pp. 786-809; pp. 73-78
April 11: Excuse: Duress; Intoxication - pp. 831-863
26. April 16: Mental Illness and Diminished Capacity pp. 863-889
27. April 18: Diminished Capacity, pp. 890-907
28. Final Review
Analyzing Actus Reus & Mens Rea:
1. Actus Reus—define with rule.
a) Analyze whether the actus reus is met
2. Mens rea—define what mens rea is required
a) Intent—specific vs. General/strict liability?
Structure:
Murder Approach
1. Define Murder—Common law murder is the unlawful killing of another human being with malice aforethought.
2. Actus reus—the killing.
a) Analyze how someone was killed.
3. Mens rea—4 malices
a) Intent to Kill, Great Bodily Harm, Depraved Heart, Felony Murder
4. Degrees
5. Defenses
Structure:
1. Actus Reus
2. Mens Rea/Intent
1. Specific Intent
2. General Intent
3. Specific Crimes: Clear concise rule
1. What Actus Reus is req’d
2. What Mens Rea is req’d
3. Specific elements of crime req’d
Study Tools:
The state of mind necessary to
commit the crime. Can be:
General Intent
-or-
Specific Intent
Study Tools:
General Intent can be achieved
through a number of ways. It permits
the ∆ to commit the actus reus of the
crime with a variety of mens rea, such
as negligence, recklessness, willfulness
or intent. Example: Rape, Felony
Murder, Depraved Heart Murder
Specific intent is where the
conscious objective is to achieve the
particular offense.
Examples: First Degree Murder,
Conspiracy, Robbery, Burglary
1 Read the call of the question
2 Read the fact pattern
3 Outline your answer using your outline structure+utilizing key facts
4 Write exam in IRAC form focusing on analysis
Read the call of the
?
Read the fact
pattern Outline
Write in IRAC
1. Read the Call of the question:
1. Tyra was convicted of depraved heart murder. She claims that she did
not ―act‖ so as to be guilty of any crime. Focusing on actus reus, is she
correct?
2. Tyra also appeals because she did not have the requisite mens rea for
Depraved Heart murder. Will her appeal succeed?
2. Read the Fact Pattern:
• The culpable act itself, the physical manifestation of
the criminal conduct, can be a positive act or an
omission.
• Positive Acts
• Taking action (stabbing someone, shooting someone, etc)
• Omissions
• Statutorily imposed
• Special Relationship giving rise to certain duties
• Contractual duty to care for another
• Voluntarily assume the care of someone
• Put the person at risk
• The state of mind necessary to commit the
crime. Can be general intent or specific intent.
• General intent—
• the intent can be achieved through a number of
ways. Permits the ∆ to commit the actus reus of the
crime with a variety of mens rea from negligence,
recklessness, willfulness to intention.
• Specific intent—
• the conscious objective is to achieve the particular
offense.
• The Actus Reus of any homicide is ―the killing‖ itself. This
means you have to show what VOLUNTARY/VOLITIONAL
ACTIONS led to or caused the killing to occur.
• The Mens Rea of Depraved Heart Murder is EXTREME
RECKLESSNESS, an UNINTENTIONAL killing, but acting
with a WANTON DISREGARD for the value of human life.
It is a GENERAL INTENT crime.
Now read the fact pattern and pull out the relevant facts
Counter arguments?
Facts+WHY review—Who can recall the
approach to analysis we discussed last
semester?
Facts+WHY
• Identify relevant facts
and explain WHY
they are relevant to
the rule/legally
significant
• Try to relate the
relevant facts back to
the ―buzz words‖ of
the rule
• Tyra grabbed Nigel
• ―Tyra recognized that Nigel was severely hurt‖ but was ―Too distraught to help‖
• ―Delay in action‖ caused infection and death.
This indicates that Tyra took the
volitional action of grabbing
Nigel, caused him to fall, and
put him at risk of death.
Tyra was aware that Nigel was
hurt. Even though Tyra was
aware that she put Nigel at risk
of death, she failed to act (an
omission).
Tyra’s inaction caused Nigel to
die when his death was likely
preventable.
Facts Relevant to Actus Reus:
Counter arguments to Actus Reus:
• Tyra was falling
• To save herself
• ―Too distraught to help‖
Tyra will argue that grabbing
Nigel was a knee-jerk reaction and
not a volitional action.
Tyra believed that she was dying
and grabbed Nigel to save
herself—again not volitionally.
Even though she put Nigel at risk,
she was so distraught that she could
not take action to save him
Is this a counter argument that will succeed?
• ―To save herself from
falling‖ she grabbed Nigel
• ―Tyra recognized that
Nigel was severely hurt‖
• Tyra did not help him
because she was distraught
Facts Relevant to Mens Rea:
Tyra knew that by grabbing Nigel
she could put him at risk but she
acted anyway which shows she was
acting recklessly.
Tyra was aware that Nigel was
severely injured in the fall but…
Tyra’s inaction indicates that in her
focus on her own health she had a
complete disregard for the value
of Nigel’s injuries and life.
• Tyra was falling
• It was so windy on the
cliff-side that Tyra
could not hear Nigel’s
cries for help
Counter Arguments to Mens Rea:
She could argue that it was an
automatic response or reflex—
therefore she had no intention, no
wanton disregard, and was not
reckless.
While she knew Nigel was hurt, she
did not realize the severity.
Therefore, she was not reckless/did
not have a wanton disregard for
the value of Nigel’s life because
she was oblivious to him impending
death.
Is this a counter argument that will succeed?
• Review/Reflect/Adapt/Evolve
• Pay attention to how the book/class is organized
• Practice/Be Proactive
• Law School Math Lesson:
• Facts + WHY =
Monday Tuesday Thursday
Prof. Homer 9:00-11:00am
2:00-5:00pm
9:00am-12:00pm 9:00-11:00am
2:00-5:00pm
Prof. Dombrow 10:00-11:00am
2:00pm-6:00pm
in the library
9:00am-12:00pm 9:00-11:00am
2:00-5:00pm
Prof. Gutterud 8:00-11:00am
2:00pm-4:00pm
9:00am-12:00pm 9:00am-12:00pm
2:00-6:00pm in the
library