Crimes Against Property
Arson: malicious burning of the dwelling of another.
,
Defenses
Self-defense: A defendant may use deadly force if he reasonably believes he is facing a threat of imminent death or serious bodily harm and is not the initial aggressor.
Common law required a defen.
,
Homicide
Murder: causing the death of another human being with malice aforethought.
,
How do I identify issues and relevant facts in a criminal case?
Identifying the issues and relevant facts means that you will need to work out in general terms what area of criminal law the question is about.
Most will concern some particular issue of the actus reus (AR)/MR of an offence or whether the defendant has the benefit of a defence.
The facts of problem questions will not reflect decided cases exactly.
,
How do I prepare for a legal exam?
Closer to the time of the exam, consolidate your material as much as possible.
You could prepare two separate lists for each topic.
One list is a checklist of the main points to be considered when an- swering any question on that topic.
The second is a list of the key cases and the key legal principle the case contains.
,
Identification Procedures
Challenging identification procedures.
1) Right to counsel under the Sixth Amendment: the defendant has a right to counsel for post-charge lineups and showups, but not for photo identifications, fingerprinting, DNA samples, etc.
2) Due process violation: the defendant may challenge an identification procedure by saying it is so unnecessarily suggest.
,
Interrogation and Confessions
Fourteenth Amendment due process
,
Introduction
Introduction: need a guilty act, guilty mind, causation, and concurrence.
,
Other Crimes Against The Person
Assault:attempted battery, or intentional infliction of apprehension.
,
Parties to A Crime—Accomplice Liability
Vocabulary: The principal is the one that commits the crime.
The accomplice assists or encourages with the intent that the crime is committed.
An exception to accomplice liability is “necessary par.
,
Search and Seizure
Application of the Fourth Amendment.
1) The Fourth Amendment protection against unreasonable searches and seizures applies when a government agent conducts a search or seizure when someone has a reasonable expectation of privacy. 1.1.
A person only has standing to challenge a search if that particular personhas a reasonable expectation of privacy in.
,
Why is exam technique important in criminal law?
The importance of exam technique cannot be overstated.
Criminal law is a very technical subject, and answers can appear muddled if they are not properly planned and structured.
The general structure of actus reus, mens rea, and defences should be adopted.