How to Approach Criminal Law

1
How to Approach Criminal Law

• Prof. Aleong
• Criminal Law

2
There are EIGHT categories to analyze in Criminal
Law

• The Validity of the Law itself under which a
  Person is charged.
• The Actus Reus of the Crime
• The Mens Rea of the Crime
• The Result of the potentially criminal act
• Evaluating if all the Elements of a crime are MET
• Affirmative Defenses to the Crime
• Punishment for the Crime
• Culpability of ALL actors involved in the facts

3
(No Transcript)
4
In class, were going to look at one of the
categories first b/c theories of punishment
inform us of WHY we have the criminal system.
5
Step 1 of Analysis.

• Well examine how to Attack the Law itself under
  which a Defendant is Charged

6
(No Transcript)
7
Step 2 of Analysis

• We examine the ACTUS REUS, or CONDUCT, involved
  in a crime.

8
(No Transcript)
9
Step 3 of the Analysis

• Examine the Mens Rea, the mental state, required
  to commit the crime.

10
(No Transcript)
11
Then, in class were going to examine

• HOMICIDE in order to understand basic principles
  of MENS REA that will lead us to Step 4 of the
  analysis of a criminal fact pattern.
• Intentional Killings
• Reckless Killings
• Felony Murder
• BUT THATS ONLY TO INTRODUCE YOU to Steps 4 5
  its not Step 4 or Step 5 of the analysis

12
Step 4 of the Analysis

• Examine the Result of the Crime.

13
(No Transcript)
14
Step 5 of the ANALYSIS

• THROUGHOUT this course you will be exposed to
  MANY different crimes, and you will be
  responsible for reading statutes to analyze what
  the elements of the offense are and whether a
  specific fact pattern includes ALL elements of an
  offense.

15
(No Transcript)
16
Step 6 of the Analysis

• Does the Defendant have any DEFENSES, or
  justifications or excuses, to the criminal charge?

17
(No Transcript)
18
We already covered punishment

• Theories of Punishment
• Capital Punishment
• Typically, punishment is NOT a separate step
  to analyze except when dealing with capital
  murder.

19
Step 7 of the Analysis

• WHICH OF THE ACTORS in the criminal episode are
  CULPABLE?

20
(No Transcript)
21
And thats all you have to do to analyze a fact
pattern in criminal law