Chapter 5 Criminal Law

What are the two broad areas covered in criminal law?

Substantive law defines crimes and defenses; criminal procedure governs investigation, prosecution, and adjudication.

What is the criminal burden of proof for conviction?

Beyond a reasonable doubt for each element of the offense.

Subject matter jurisdiction versus venue in criminal cases?

Jurisdiction is power to hear that charge; venue is the appropriate geographic location.

Can federal and state prosecutors sometimes charge offenses from the same conduct?

Yes, if each government has a valid separate offense; dual-sovereignty and other rules may matter.

What is the plain meaning rule?

Give effect to clear statutory text in context.

Void for vagueness versus rule of lenity?

Vagueness means no fair notice/risks arbitrary enforcement; lenity resolves genuine remaining criminal statutory ambiguity in defendant’s favor.

What is an ex post facto criminal law?

A law retroactively criminalizing past conduct or increasing a past offense’s punishment.

Reasonable suspicion versus probable cause?

Reasonable suspicion supports some brief investigatory stops; probable cause is a higher standard commonly used for arrest and warrants.

When are Miranda warnings generally required?

Before custodial interrogation: both custody AND interrogation.

What does the Fifth Amendment protect in criminal cases?

Self-incrimination, due process, and double jeopardy; federal grand jury protection for qualifying serious charges.

What key trial rights come from the Sixth Amendment?

Counsel, speedy/public trial, impartial jury, notice, confrontation, and compulsory process.

What is the core Fourth Amendment rule?

Government searches and seizures must be reasonable; warrants usually require probable cause, subject to exceptions.

What four concepts may comprise a result crime?

Actus reus, required mens rea, causation, and legally required result/circumstances.

When can failure to act be criminal actus reus?

When law recognizes a duty to act and defendant was able to act.

What is concurrence in criminal law?

Required guilty act and required guilty mind coincide.

MPC purposely versus knowingly?

Purposely = conscious objective; knowingly = awareness that conduct is such or result practically certain.

MPC recklessly versus negligently?

Recklessly = consciously disregards known substantial unjustifiable risk; negligently = should recognize it but does not.

What is strict liability in criminal law?

An offense or element for which prosecution need not prove a culpable mental state, as statute allows.

Malum in se versus malum prohibitum?

Inherently wrongful conduct versus conduct prohibited by legislative regulation.

Premeditated murder versus felony murder?

Premeditated murder involves planning under applicable statute; felony murder can attach to death during qualifying predicate felony subject to limits.

Voluntary versus involuntary manslaughter?

Voluntary often intentional killing under sufficient provocation; involuntary often reckless/criminally negligent killing.

Robbery versus larceny?

Robbery involves force/threat against a person in a theft; larceny traditionally is unlawful taking/carrying away.

Embezzlement versus larceny?

Embezzlement converts lawfully entrusted property; larceny begins with trespassory taking.

False pretenses versus larceny by trick?

Fraud obtaining title versus fraud obtaining only possession.

Attempt versus solicitation versus conspiracy?

Attempt = substantial step; solicitation = request/encouragement; conspiracy = agreement with criminal intent.

Perjury versus subornation of perjury?

Perjury = knowingly false material oath statement; subornation = procuring another’s perjury.

Justification versus excuse?

Justification treats conduct as legally permitted in context; excuse reduces/negates blameworthiness.

Necessity versus duress?

Necessity responds to competing harms/circumstances; duress responds to coercive human threats.

What is the key proportionality idea in self-defense?

Force must be reasonable in light of imminent unlawful threat; deadly force faces stricter limits.

Insanity versus competency to stand trial?

Insanity concerns responsibility at offense; competency concerns present understanding and ability to assist counsel.

Entrapment under the federal subjective approach?

Government inducement plus defendant’s lack of predisposition.

What is the function of a grand jury?

Determine whether probable cause supports indictment; not decide guilt.

Indictment versus information?

Grand jury issues indictment; prosecutor files information where permitted.

What happens at arraignment?

Defendant is formally advised of charge and enters plea.

What does a motion to suppress seek?

Exclusion of specified evidence because of constitutional or other legal defect.

What does a subpoena duces tecum require?

Production of designated documents or tangible evidence.

When is a confession involuntary?

Where coercive police conduct under totality of circumstances overbears free choice; Miranda warnings alone do not cure coercion.

What is a presentence report (PSR)?

Probation officer’s report on offense, defendant background, criminal history and other sentencing data.

What is certiorari?

Discretionary review by higher court, particularly U.S. Supreme Court; a petition is only a request.

What is habeas corpus?

Collateral judicial review of lawfulness of detention/custody, subject to special requirements.

Probation versus supervised release?

Probation is supervision as sentence instead of prison in qualifying case; supervised release generally follows federal imprisonment.

What does double jeopardy prevent?

Repeat prosecution or impermissible multiple punishment for same offense under applicable constitutional test.

What is unauthorized practice of law (UPL) for a paralegal?

Independently giving legal advice or performing lawyer-only functions without lawful authorization/supervision.