Law Notes

Manslaughter / Murder-Homicide

Involuntary Manslaughter- an unintentional killing that is a result of recklessness or negligence. The victims death is accidental (DUI)


Voluntary Manslaughter- an intentional killing in which the offender had no prior intent to kill (unplanned). Committed under circumstances that would lead a reasonable person to become emotionally or mentally disturbed


Second Degree Murder- intentional killing done with malice, but WITHOUT premeditation or deliberation (didn’t plan it out beforehand)


First Degree Murder- Premeditated (planned out), intentional killing that is deliberately done with malice (ill will or hate) - usually carries the most severe sentence out of all murder changes


Elements of a Crime:

Almost all crimes require:


  1. An illegal action- ACTUS REA (the physical part of the crime, describing the actions of the offender)

  2. A guilty state of mind, legally known as MENS REA

a. state of mind is different than motive

i. State of mind = Level of awareness

ii. Motive = reason why crime was committed


Parties to a Crime:

  • Principal - person who commits the crime

  • Accomplice - someone who helps the principal commit a crime 

    • Can be charged and convicted of the same severity of crime as the principal


Parties to a Crime:

  • Accessory before the fact - a person who orders a crime or helps the principal commit the crime, but is not present during the act

  • Accessory after the fact - a person who, knowing a crime has been committed, helps a principal or accomplice avoid capture


Crimes of Omission:

  • Failing to complete a legal act; thus making the non-action a crime

  • Ex: You don’t pay your taxes. The legal act = paying your taxes. The fact that you did not, makes it a crime of omission.


Inchoate Crimes:

  • Require proof of criminal intent but can be punished even if the harm intended never occurs 

  1. Solicitation - to ask, command, or urge another person to commit a crime

  2. Attempt - when someone performs all the elements of a crime but fails to achieve the criminal result (attempted murder)


  1. Conspiracy - agreement between 2 or more people to commit a crime, coupled with the intent the crime and some action that furthers the agreement (a domino effect result)


Affirmative Defenses

  • An affirmative defense is a claim that the defendant may have committed an act that is considered a crime, but because of some circumstance they should not be legally punished

    • Insanity

    • Intoxication

    • Self-defense

    • Duress

    • Necessity

    • Entrapment

    • Infancy


Fourth Amendment: Search and Seizure

  • Reasonable search: When society’s need for the search is greater than an individual’s right to privacy. 


  • Warrant: Issued by a judge or magistrate, a warrant allows the police to search a person or place and/or make an arrest. If a crime is ongoing and dangerous, police can search and arrest without a warrant. 


  • Probable cause: The likelihood that a crime has taken place.


Fifth Amendment: Due Process and Criminal Trial Rights

  •  Grand jury: Used in federal criminal cases to review evidence and decide whether formal charges (i.e., indictment) should be filed.


  • Double jeopardy: Being tried twice for the same crime. Prohibiting double jeopardy encourages police and the prosecution to be thorough when investigating and trying a case. 


  • Self-incrimination: The accused has the right to remain silent when a truthful answer might be used to prove a crime against him or her. The accused does not have to testify at his or her own trial and Miranda rights (the rights to remain silent and have counsel present during police questioning) must be recited to the accused upon arrest. 


  • Due process of law: The government has to follow all of the rules of procedure before it can take away someone’s life, liberty or property


Sixth Amendment: Rights of the Accused

  • Speedy and public trial: Ensures that the accused is not imprisoned indefinitely awaiting trial and that the public may observe the trial to ensure that justice is served. 


  • Impartial jury: A group of unbiased citizens who are representative of the community. 


  • Notification of charges: Allows the prosecution and defense attorneys to focus on the requirements to prove their case. This procedure relates to the privilege of the writ of habeas corpus in Article 1, Section 9 of the U.S. Constitution, which says a person cannot be jailed if no charges are brought against him.


  • Right to counsel: The accused is guaranteed access to trained counsel. This puts the accused on equal footing with the government making the charges.


   Burden of proof & beyond reasonable doubt:

In a criminal case, the prosecution (government lawyers) must prove their case. This is called the burden of proof

  • The standard that the prosecution must reach is proving the accused guilty beyond a reasonable doubt