Criminal Law

Presumption of Innocence

Defendant presumed innocent; prosecution must prove every element beyond a reasonable doubt. Exam hook: burden never shifts

Proof Beyond a Reasonable Doubt

Highest standard required for criminal conviction. Exam hook: due process requirement

Jury Nullification

Jury may acquit despite evidence but is not told of this power. Exam hook: power not right

Actus Reus

Criminal liability requires a voluntary act. Exam hook: thoughts alone not punishable

Voluntary Act

Willed bodily movement required for liability. Exam hook: involuntary acts excluded

Omissions Liability

Failure to act only criminal if legal duty exists. Exam hook: no general duty to rescue

Sources of Legal Duty

Statute, special relationship, contract, creation of risk, voluntary assumption. Exam hook: narrow categories

Mens Rea

Mental state required for each element of offense. Exam hook: element-by-element analysis

Purpose

Conscious objective to cause result. Exam hook: highest culpability

Knowledge

Awareness that result is practically certain. Exam hook: includes willful blindness

Recklessness

Conscious disregard of substantial and unjustifiable risk. Exam hook: awareness required

Negligence

Failure to perceive substantial and unjustifiable risk. Exam hook: should have known

Malice

Intent to kill or extreme indifference to human life. Exam hook: murder baseline

Strict Liability

No mens rea required; usually limited to minor offenses. Exam hook: disfavored for serious crimes

Mistake of Fact

Defense if it negates required mens rea. Exam hook: not an affirmative defense

Mistake of Law

Generally not a defense. Exam hook: ignorance no excuse

Causation

Requires cause-in-fact and proximate cause. Exam hook: two-step analysis

But-For Cause

Result would not occur without defendant’s conduct. Exam hook: baseline test

Substantial Factor

Used when multiple sufficient causes exist. Exam hook: overdetermination

Proximate Cause

Liability limited to foreseeable results. Exam hook: fairness limitation

Intervening Cause

Breaks chain if unforeseeable and abnormal. Exam hook: superseding cause

Intentional Murder

Unlawful killing with intent to kill (express malice). Exam hook: highest homicide

Premeditation

Requires reflection before killing. Exam hook: not instantaneous

Second-Degree Murder

Killing with malice but without premeditation. Exam hook: default murder

Voluntary Manslaughter

Intentional killing with adequate provocation. Exam hook: heat of passion

Adequate Provocation

Would cause reasonable person to lose control. Exam hook: objective standard

Extreme Emotional Disturbance

Mitigation based on reasonable explanation for loss of control. Exam hook: broader than provocation

Reckless Manslaughter

Killing with conscious disregard of risk. Exam hook: awareness key

Negligent Homicide

Killing from failure to perceive risk. Exam hook: lowest culpability homicide

Felony Murder

Death during felony = murder without intent to kill. Exam hook: strict liability shortcut

Merger Doctrine

Felony must be independent of killing. Exam hook: no bootstrapping assault

Inherently Dangerous Felony

Felony must pose risk to human life. Exam hook: limits doctrine

Agency Theory

Felony murder only if killing by felon or accomplice. Exam hook: majority rule

Proximate Cause Theory

Liability for any foreseeable death caused. Exam hook: minority rule

Attempt

Requires specific intent + substantial step. Exam hook: intent to complete crime

Substantial Step

Conduct strongly corroborates criminal intent. Exam hook: MPC approach

Dangerous Proximity

Must be very close to completing crime. Exam hook: CL approach

Impossibility

Not a defense if defendant believes crime possible. Exam hook: focus on belief

Abandonment

Defense if voluntary and complete renunciation. Exam hook: must not be external

Conspiracy

Agreement between two or more to commit crime. Exam hook: agreement is key

Specific Intent (Conspiracy)

Intent to agree and achieve criminal goal. Exam hook: dual intent

Overt Act

Some jurisdictions require act in furtherance. Exam hook: minimal step

Pinkerton Liability

Liable for foreseeable crimes of co-conspirators. Exam hook: vicarious liability

Withdrawal

Requires affirmative act to disavow conspiracy. Exam hook: stops future liability only

Accomplice Liability

Liable for aiding or encouraging crime. Exam hook: derivative liability

Actus Reus (Accomplice)

Must assist, encourage, or facilitate. Exam hook: mere presence not enough

Mens Rea (Accomplice)

Must intend to help crime succeed. Exam hook: purpose required

Natural & Probable Consequences

Liable for foreseeable additional crimes. Exam hook: controversial expansion

Self-Defense

Reasonable belief force is necessary to prevent imminent harm. Exam hook: necessity + imminence

Imminence

Threat must be immediate. Exam hook: no future harm

Duty to Retreat

Must retreat if safe (some jurisdictions). Exam hook: exceptions apply

Castle Doctrine

No duty to retreat in one’s home. Exam hook: home protection

Reasonableness (Self-Defense)

Subjective belief + objective reasonableness. Exam hook: hybrid standard

Proportionality

Deadly force only for deadly threats. Exam hook: match force

Imperfect Self-Defense

Unreasonable belief reduces murder to manslaughter. Exam hook: partial defense

Necessity

Crime justified to avoid greater harm. Exam hook: utilitarian defense

Duress

Crime committed under threat of imminent harm. Exam hook: coercion

Duress Limitation

Not a defense to murder (CL). Exam hook: strict rule

Intoxication (CL)

Only negates specific intent crimes. Exam hook: limited use

Involuntary Intoxication

Complete defense if not defendant’s fault. Exam hook: rare but powerfu