I. Fundamentals
In criminal law examinations, use common law definitions unless otherwise indicated.
Criminal law may derive from common law, the Constitution (treason), modern statutes, or the Model Penal Code, on which many modern statutes are based.
Theories of punishment include: 1.
1) Incapacitation 2.
2) Special deterrence 3.
3) General deterrence 4.
4) Retr.
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II. Inchoate Crimes and Accomplice Liability
A.
Accomplice liability
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III. Homicide
At common law, there were three types of homicides: 1.
1) Justifiable (authorized by law); 2.
2) Excusable (with a defense to criminal liability); and 3. 3.
Criminal Criminal homicide included murder, voluntary manslaughter, and involuntary manslaughter.
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IV. Other Crimes
A.
Battery
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v. Defenses
Defenses are generally of two types: justifications and excuses.
With a justification, the argument is that the actor did nothing wrong, because some circumstance justified their behavior.
With an excuse, the argument is that the actor did something wrong, but some circumstance should excuse them from punishment.
In addition, the “state of mind” de.