CRIMINAL LAW & PROCEDURE MASTER OUTLINE

I. GENERAL PRINCIPLES OF CRIMINAL LIABILITY A crime requires the concurrence of a physical act (Actus Reus) and a mental state (Mens Rea). A. Mens Rea (Mental State) Specific Intent: Crimes requiring a subjective desire to achieve a specific result (e.g., Larceny, Burglary, First-Degree Murder, Inchoate crimes). General Intent: Requires only the intent to perform the physical act (e.g., Battery, Rape). Malice: A reckless disregard of an obvious or high risk (Murder and Arson). B. Accomplice Liability Common Law: One who, with the intent that the crime be committed, aids, counsels, or encourages the principal. Scope: Liable for the planned crime and all foreseeable "natural and probable consequences." California Distinction: California has abolished the distinction between "principals" and "accessories before the fact." All are "principals." An accessory after the fact is a separate crime. MBE TIP: Remember that withdrawal from accomplice liability requires the person to neutralize their assistance or notify the police before the crime is unstoppable. ESSAY TIP: If a co-conspirator commits a crime not originally planned, analyze it under Pinkerton Liability (Conspiracy) AND the Natural and Probable Consequences doctrine (Accomplice). II. HOMICIDE Homicide is the killing of a human being by another. A. Murder General Rule: Unlawful killing with Malice Aforethought. Malice exists if: Intent to kill (Express Malice). Intent to inflict great bodily injury. Reckless indifference to an unjustifiably high risk to human life (Depraved Heart). Felony Murder: Death occurs during the commission of an inherently dangerous felony (BARRK: Burglary, Arson, Rape, Robbery, Kidnapping). B. California Degrees of Murder First Degree: (1) Premeditated and deliberate killing; (2) Statutory felony murder; (3) Killing by specific means (e.g., explosive, poison, armor-piercing bullets). Second Degree: All other murders with malice (e.g., Depraved Heart). CA Distinction (Felony Murder): California's felony murder rule was recently narrowed (SB 1437). A defendant is only liable for felony murder if they were the actual killer, a major participant acting with reckless indifference, or intended to kill. C. Manslaughter Voluntary: Intentional killing in the "Heat of Passion" upon adequate provocation (objective test). Involuntary: Killing resulting from criminal negligence or during a misdemeanor. CA Distinction (Imperfect Self-Defense): California recognizes that an honest but unreasonable belief in the need for self-defense reduces murder to voluntary manslaughter. III. PROPERTY CRIMES AND BURGLARY A. Theft Crimes Larceny: Trespassory taking and carrying away of personal property with intent to permanently deprive. Embezzlement: Fraudulent conversion of property by one in lawful possession. False Pretenses: Obtaining title to property by intentional false statement. CA Distinction (Theft Consolidation): California has consolidated Larceny, Embezzlement, and False Pretenses into one single crime of "Theft." However, for essay purposes, you must still discuss the individual elements of the specific type of theft committed. B. Burglary Common Law: Breaking and entering of a dwelling of another at night with intent to commit a felony therein. CA Distinction: California has expanded burglary significantly. No "breaking" is required; it can be any structure (not just a dwelling); it can occur at any time (day or night). MBE TIP: For Larceny, the intent to steal must exist at the time of the taking. If I take your umbrella thinking it's mine, and later decide to keep it, it's not Larceny unless the "Continuing Trespass" doctrine applies. ESSAY TIP: In California, "Grand Theft" occurs if the value exceeds $950. Anything less is "Petty Theft." IV. CRIMINAL PROCEDURE: SEARCH & SEIZURE (4TH AMENDMENT) The 4th Amendment protects against unreasonable searches and seizures by the government. A. The Exclusionary Rule Evidence obtained in violation of the 4th, 5th, or 6th Amendments is generally inadmissible. CA Distinction (Prop 8): The "Right to Truth in Evidence" provision in the CA Constitution states that all relevant evidence is admissible in a criminal proceeding. However, federal exclusionary rules (like the 4th Amendment) still apply because of the Supremacy Clause. B. Warrant Exceptions (The "CHEAPS" Acronym) Consent: Must be voluntary. Hot Pursuit/Exigent Circumstances: Fleeing felons or disappearing evidence. Evanescent Evidence: Evidence that might disappear quickly (e.g., blood alcohol). Automobile Exception: Requires probable cause that the vehicle contains contraband. Can search the whole car and containers. Plain View: Officer is lawfully present and the incriminating nature of the item is "immediately apparent." Search Incident to Lawful Arrest: Limited to the arrestee's "wingspan." C. Terry Stops (Stop and Frisk) Stop: Requires Reasonable Suspicion of criminal activity. Frisk: Requires Reasonable Suspicion that the person is armed and dangerous. Limited to a pat-down of outer clothing. V. FIFTH AND SIXTH AMENDMENTS A. Fifth Amendment: Miranda Rule: Statements made during Custodial Interrogation are inadmissible unless Miranda warnings were given and waived. Custody: A reasonable person does not feel free to leave. Interrogation: Words or actions by police that they should know are reasonably likely to elicit an incriminating response. B. Sixth Amendment: Right to Counsel Attachment: Attaches automatically once formal charges are filed. Scope: It is offense-specific. Police can question a defendant about an unrelated crime without their lawyer present. MBE TIP: Miranda is not offense-specific. If a suspect invokes their right to silence or counsel under Miranda, police generally cannot question them about any crime. ESSAY TIP: If you see an undercover informant in a jail cell, check if the defendant has been charged. If yes, it's a 6th Amendment violation. If no, it’s not a 5th Amendment violation because there is no "interrogational atmosphere." VI. DEFENSES Insanity: M’Naghten Rule (CA Follows): Defendant did not know the nature of the act or did not know the act was wrong. Irresistible Impulse: Unable to control conduct. Model Penal Code: Lacked substantial capacity to appreciate wrongfulness or conform conduct. Entrapment: * Federal/MBE (Subjective): Focuses on whether the defendant was "predisposed" to commit the crime. California (Objective): Focuses on whether the police conduct would induce a normally law-abiding person to commit the crime. CRIMINAL LAW ATTACK PLAN Define the Homicide: Start with Murder (Malice). If malice is absent, move to Manslaughter. Analyze the Theft: Is there a "taking" (Larceny) or a "conversion" (Embezzlement)? Check 4th Amendment Standing: Did the defendant have a "Reasonable Expectation of Privacy" in the place searched? Admissibility of Statements: Was it Custody? Was it Interrogation? Was there a Waiver? California Distinctions: If the essay is for the CA Bar, use terms like "Consolidated Theft," "Proposition 8," and "Objective Entrapment."