TABLE OF CONTENTS

	Preface
	Casebook Correlation Chart
	Capsule Summary
Chapter 1 SOME BASIC ISSUES IN CRIMINAL LAW
I.	A BRIEF INTRODUCTION TO CRIMINAL LAW
	A.	Nature of criminal law
	B.	What is a “crime”
	C.	Felonies vs. misdemeanors
	D.	Theories of punishment
		1.	Utilitarianism
		2.	Retributivism
	E.	Types of punishment
		1.	“Shaming” punishments
II.	CONSTITUTIONAL LIMITS ON PUNISHMENT
	A.	The U.S. Constitution generally
		1.	Bill of Rights
		2.	Extension of Bill of Rights to the states
	B.	The “legality” principle
		1.	Constitutional underpinnings
		2.	The problem of vagueness
	C.	The principle of proportionality
		1.	Retributivists
		2.	The Eighth Amendment
	D.	Capital punishment (the death penalty)
	E.	Life Without Parole (“LWOP”)
	F.	Prison sentences short of LWOP
III.	SOURCES OF CRIMINAL LAW
	A.	Common law in England
	B.	Rise of statutes
	C.	The Model Penal Code
	D.	Statutory construction
		1.	Common-law term
		2.	The “rule” of lenity
Chapter 2 ACTUS REUS AND MENS REA
I.	ACTUS REUS
	A.	Significance of “actus reus” concept
	B.	Distinguished from thoughts, words, possession and status
		1.	Statement of intent made to third party
		2.	Possession as criminal act
		3.	Status
	C.	Act must be voluntary
		1.	Model Penal Code examples
		2.	Reflex or convulsion
		3.	Unconsciousness
		4.	Hypnotism
		5.	Self-induced state
	D.	Omissions
		1.	Distinguished from affirmative acts
		2.	Limited liability for omissions
		3.	Statutory requirement
		4.	Existence of “legal duty”
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II.	MENS REA
	A.	Introduction
	B.	General versus specific intent
		1.	“General intent”
		2.	Specific intent
	C.	Common law vs. statutory crimes
	D.	Presumption of intent
	E.	Different states of mind
	F.	“Purposely”
	G.	“Knowingly”
	H.	“Recklessly”
	I.	“Negligently”
	J.	Strict liability
		1.	Constitutionality
		2.	Interpretation
		3.	Typical strict-liability provisions
	K.	Vicarious liability
	L.	Mistakes of fact or law
		1.	Grounds for confusion
		2.	General mental state
		3.	Mistake must be “reasonable”
		4.	Mistake of law
		5.	Modern view
		6.	Unreasonable mistake
		7.	“Lesser crime” theory retained
		8.	Mistake of law as to collateral fact
		9.	Mistaken belief that conduct is not a crime
		10.	Effect of mistake due to mental disease or defect
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III.	CONCURRENCE
	A.
	B.	Concurrence between mind and act (“temporal concurrence”)
		1.	Mental state must cause act
		2.	Voluntary intoxication
		3.	Concurrence must be with act, not results
		4.	Concurrence may be with any act that is legal cause of harm
		5.	Omission to act
	C.	Concurrence between mind and result
		1.	Different crime occurs
		2.	Recklessly- or negligently-caused result
		3.	Felony-murder and misdemeanor-manslaughter rules
		4.	Same kind of harm but different degree
		5.	Manner of harm
		6.	Different victim
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Chapter 3 CAUSATION
I.	INTRODUCTION
	A.	Causation generally
	B.	Two aspects of causation
II.	CAUSE IN FACT
	A.	Cause in fact generally
		1.	Expansive test
		2.	“Substantial factor” test
		3.	Shortening of life
		4.	Murder victim must have been alive at time of act
		5.	Two people working together
III.	PROXIMATE CAUSE GENERALLY
	A.	Proximate cause, in general
	B.	No mechanical principles
IV.	PROXIMATE CAUSE—UNINTENDED VICTIMS
	A.	Transferred intent
	B.	Application where different property destroyed
	C.	Actual victim not foreseeable
	D.	Defense assertable against intended victim
	E.	Mistake of identity
	F.	Crimes of recklessness or negligence
	V.	PROXIMATE CAUSE—UNINTENDED MANNER OF HARM
	A.	Unintended manner of harm generally
	B.	Direct causation
		1.	Small differences in type of injury
		2.	Slightly different mechanism
		3.	Pre-existing weakness
		4.	Death caused without physical impact
		5.	“Come to rest in apparent safety”
		6.	Recklessness and negligence crimes
	C.	Intervening acts
		1.	Dependent vs. independent intervening acts
		2.	Four kinds of acts
		3.	Intervening acts by third person
		4.	Act by victim
		5.	Act by defendant
		6.	Non-human event
		7.	Recklessness or negligence crime
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Chapter 4 RESPONSIBILITY
I.	THE INSANITY DEFENSE
	A.	General purpose
	B.	Tests for insanity
	C.	M’Naghten “right-wrong” rule
	D.	“Irresistible impulse”
	E.	The Durham “product” test
	F.	Model Penal Code standard
	G.	The federal standard
	H.	Raising and establishing the defense
		1.	Who raises defense
		2.	Burden of persuasion
		3.	When defense must be raised
		4.	Role of the jury
		5.	Bifurcated trial
		6.	Insanity defense as “all or nothing”
	I.	XYY chromosome defense
	J.	Commitment following insanity acquittal
	K.	Fitness to stand trial
	L.	Insanity at time set for execution
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II.	DIMINISHED RESPONSIBILITY
	A.	Meaning of diminished responsibility
	B.	Insanity defense sometimes held to be superseding
	C.	Specific applications
		1.	Murder reduced to manslaughter
		2.	“Heat of passion” manslaughter
III.	AUTOMATISM
	A.	Nature of automatism defense
	B.	Defense sometimes superseded by insanity
	C.	Generally allowed in America
	D.	Not necessarily subsumed within insanity defense
IV.	INTOXICATION
	A.	The problem generally
	B.	Voluntary intoxication
		1.	Effect upon mental state
		2.	Recklessness
		3.	Murder
		4.	Negligence
	C.	Involuntary intoxication
	D.	Alcoholism and narcotics addiction
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V.	INFANCY
	A.	Common-law treatment
	B.	Effect of legislation
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Chapter 5 JUSTIFICATION AND EXCUSE
I.	GENERAL PRINCIPLES
	A.	Justification vs. excuse
	B.	Effect of mistake of fact
	C.	Overlapping of defenses
II.	DURESS
	A.	Nature of duress
	B.	Elements of the defense
	C.	Rationale for defense
	D.	Homicide cases
		1.	Justifications
		2.	Model Penal Code allows
		3.	Felony-murder
		4.	Reduction of murder to manslaughter
	E.	Imminence of threatened harm
	F.	Death or serious bodily injury
	G.	Threat directed at person other than defendant
	H.	Effect of mistake
	I.	Defendant who voluntarily subjects himself to danger
	J.	Wife coerced by husband
	K.	Military orders
	L.	Guilt of coercer
	M.	Relation to “choice of evils” or “necessity” defense
III.	NECESSITY
	A.	The necessity defense generally
	B.	Requirements for defense
		1.	Greater harm
		2.	No alternative
		3.	Imminence
		4.	Situation not caused by defendant
		5.	Nature of harm
	C.	Illustrative examples
	D.	Homicide
	E.	Economic necessity not sufficient
	F.	Civil disobedience
	G.	Prevention of “possible future harm” not sufficient
IV.	SELF-DEFENSE
	A.	Self-defense generally
	B.	Requirements
	C.	What constitutes unlawful force
		1.	Excessive force
		2.	Force which would be excused
		3.	Effect of mistake
		4.	Consent
	D.	Degree of force
	E.	Imminence of harm
		1.	Not unduly strict standard
		2.	Withdrawal by aggressor
	F.	Aggressor may not defend himself
		1.	Aggression without use of actual force
		2.	“Aggressor” is narrowly defined
		3.	Two exceptions
	G.	Retreat
		1.	No retreat required before non-deadly force
		2.	Only required where it can be safely done
		3.	Retreat in defendant’s dwelling
	H.	Effect of mistake
	I.	Battered women and self-defense
	J.	Resisting arrest
	K.	Injury to third person
	L.	“Imperfect” self-defense
	M.	Burden of proof
V.	DEFENSE OF OTHERS
	A.	Right to defend others in general
	B.	Relation between defendant and aided person
	C.	Requirements for defense
		1.	Danger to other
		2.	Degree of force
		3.	Belief in another person’s right to use force
	D.	Retreat
		1.	Home of either party
	E.	Mistake as to who is aggressor
VI.	DEFENSE OF PROPERTY, INCLUDING HABITATION
	A.	Right to defend property generally
		1.	Non-deadly force
		2.	Limited to reasonable degree
		3.	Subsequent use of deadly force
	B.	Deadly force not generally allowed
		1.	Defense of dwelling
	C.	Use of mechanical devices
	D.	Recapture of chattel and of re-entry on land
VII.	LAW ENFORCEMENT (ARREST; PREVENTION OF ESCAPE AND CRIME)
	A.	Law enforcement privilege generally
		1.	Use of force
	B.	Arrest
		1.	Summary of arrest rules
		2.	Arrest resisted
		3.	Suspect fleeing
		4.	Arrest by private citizen
	C.	Prevention of escape
	D.	Crime prevention
		1.	Reasonable non-deadly force
		2.	Deadly force
VIII.	MAINTAINING AUTHORITY
	A.	Right to maintain authority generally
	B.	Parents of minor
	C.	School teacher
IX.	CONSENT
	A.	Effect of consent by victim
	B.	Incapacity to consent
		1.	Deception
	C.	Contributory negligence of victim
	D.	Guilt of victim
	E.	Condonation and compromise
X.	ENTRAPMENT
	A.	Entrapment generally
	B.	Evidence
		1.	Danger of prejudice
	C.	Distinguish from “missing element” cases
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Chapter 6 ATTEMPT
I.	INTRODUCTION
	A.	Concept of attempt generally
II.	MENTAL STATE
	A.	Intent usually required
		1.	Specific crime in question
		2.	Knowledge of likely consequences
		3.	Crimes defined by recklessness, negligence or strict liability
		4.	Proving intent by circumstantial evidence
		5.	Intent as to surrounding circumstances
		6.	Completion of crime no bar
III.	THE ACT—ATTEMPT VS. “MERE PREPARATION”
	A.	Attempt distinguished from mere preparation
	B.	The proximity approach
	C.	The “equivocality” test
	D.	Model Penal Code’s “substantial step” test
IV.	IMPOSSIBILITY
	A.	Nature of “impossibility” defense
	B.	Factual impossibility
		1.	Not accepted as defense
	C.	“True legal” impossibility
	D.	Mistake of fact governing legal relationship (the “hybrid” case)
	E.	“Inherent” impossibility (inaptness and superstition)
V.	RENUNCIATION
	A.	Renunciation of criminal purpose
	B.	Modern view accepts defense
	C.	Voluntariness requirement
VI.	ATTEMPT-LIKE CRIMES
	A.	Inchoate crimes generally
	B.	Attempt to commit attempt-like crimes
		1.	Assault
		2.	Burglary
	C.	Constitutional objections to attempt-like crimes
VII.	MECHANICS OF TRIAL; PUNISHMENT
	A.	Relation between charge and conviction
		1.	Substantive crime charged, attempt proved
		2.	Attempt charged, completed crime proved
	B.	Penalties
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Chapter 7 CONSPIRACY
I.	INTRODUCTION
	A.	Definition of “conspiracy”
	B.	Purposes of conspiracy law
	C.	Procedural advantages
		1.	Joint trial
		2.	Admission of hearsay
II.	THE AGREEMENT
	A.	“Meeting of the minds” not required
		1.	Implied agreement
		2.	Proof by circumstantial evidence
	B.	Aiding and abetting
	C.	Parties do not agree to commit object crime
	D.	Feigned agreement
		1.	Traditional view that there is no conspiracy
		2.	Modern view allows conspiracy finding
	E.	Knowledge of the identity of other conspirator
III.	MENS REA
	A.	The intent requirement generally
	B.	Intent to commit object crime
		1.	Must have intent to achieve objective
		2.	Crime of recklessness or negligence
		3.	Strict-liability crimes
		4.	Attendant circumstances
	C.	Supplying of goods and services
		1.	Mere knowledge usually insufficient
	D.	Differing mental states
IV.	THE CONSPIRATORIAL OBJECTIVE
	A.	Non-criminal objectives
	B.	Overt act requirement
		1.	Rationale
		2.	Model Penal Code limits requirement
		3.	Kind of act required
		4.	Act of one attributable to all
	C.	Impossibility
	D.	Substantive liability for crimes of other conspirators
		1.	Pinkerton case imposes liability
		2.	Modern view limits Pinkerton
V.	SCOPE: MULTIPLE PARTIES
	A.	Parties not in contact with each other
	B.	“Wheel” conspiracies
		1.	“Community of interest” test
	C.	“Chain” conspiracies
		1.	“Community of interest” test
	D.	Organized crime
	E.	Party who comes late or leaves early
		1.	Party who leaves early
		2.	Party who joins late
VI.	DURATION OF THE CONSPIRACY
	A.	Significance of issue
	B.	Abandonment
		1.	Abandonment by all
		2.	Withdrawal by individual conspirator
		3.	Crime completed
VII.	PLURALITY
	A.	Significance of plurality requirement
	B.	Wharton’s Rule
		1.	Degree of acceptance
		2.	Rationale
		3.	More persons than necessary
		4.	Only one participant punishable
		5.	Merely a presumption
		6.	Model Penal Code rejects Rule
	C.	Statutory purpose not to punish one party
	D.	Spouses and corporations
	E.	Inconsistent disposition
		1.	Same trial
		2.	Different trials
		3.	One conspirator not brought to justice
		4.	Model Penal Code rejects consistency requirement
VIII.	PUNISHMENT
	A.	Typical penalty schemes
	B.	Cumulative sentencing
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Chapter 8 ACCOMPLICE LIABILITY AND SOLICITATION
I.	PARTIES TO CRIME
	A.	Various parties
		1.	“Principal in first degree”
		2.	Principal in second degree
		3.	Accessory before the fact
		4.	Accessory after the fact
	B.	Procedural effects of classification
II.	ACCOMPLICES—THE ACT REQUIREMENT
	A.	Aiding and abetting
		1.	Words may be enough
		2.	Mere presence not sufficient
		3.	Failure to intervene
	B.	Aid not crucial
		1.	Not a defense
		2.	Attempted aid
		3.	Attempts to aid where no crime occurs
	C.	“Crime for hire” scenario
	D.	Conspiracy as meeting the act requirement
III.	ACCOMPLICES—MENTAL STATE
	A.	General confusion
	B.	Intentional aid
		1.	Must have purpose to further crime
		2.	Knowledge not usually enough
		3.	Mens rea of underlying crime
	C.	Knowledge, but not intent, as to criminal result
	D.	Assistance with crime of recklessness or negligence
		1.	Lending car to drunk driver
		2.	“Depraved-indifference” murder
	E.	Strict liability
IV.	ACCOMPLICES—ADDITIONAL CRIMES BY PRINCIPAL
	A.	Results that are “natural and probable” but not intended
		1.	Majority rule
		2.	Model Penal Code rejects extended liability
		3.	Felony-murder and misdemeanor-manslaughter
V.	GUILT OF THE PRINCIPAL
	A.	Principal must generally be guilty
		1.	Principal’s conviction not necessary
		2.	Inconsistent verdicts in same trial
		3.	Acquittal of principal before accomplice’s trial
	B.	Principal without required mental state
VI.	WITHDRAWAL BY THE ACCOMPLICE
	A.	Withdrawal as defense
		1.	Model Penal Code
		2.	Not required that crime be thwarted
		3.	Effect of aid must be undone
VII.	VICTIMS AND OTHER EXCEPTIONS TO ACCOMPLICE LIABILITY
	A.	Defendant who could not be liable as principal
	B.	Exceptions for certain classes
		1.	Victims
		2.	Crime logically requiring second person
VIII.	POST-CRIME ASSISTANCE
	A.	Accessory after the fact
	B.	Elements of the offense
		1.	Commission of a felony
		2.	Knowledge of felony
		3.	Knowledge of the felon’s identity
		4.	Failure to inform not sufficient
	C.	Misprision of felony
	D.	Compounding crime
IX.	SOLICITATION
	A.	Solicitation defined
	B.	No overt act required
	C.	No corroboration required
	D.	Mental state
	E.	Solicitation of accomplice
	F.	Communication not received
	G.	Defenses
		1.	Renunciation
		2.	Crime requiring two parties
		3.	Impossibility
	H.	Solicitation as an attempted crime
X.	CRIMINAL LIABILITY OF CORPORATIONS
	A.	Corporations can commit crimes
	B.	Punishing the corporation
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Chapter 9 HOMICIDE AND OTHER CRIMES AGAINST THE PERSON
I.	HOMICIDE—INTRODUCTION
	A.	Different grades of homicide
II.	MURDER
	A.	Taking of life
		1.	When life begins
		2.	When life ends
	B.	Elements of murder
		1.	Actus reus
		2.	Corpus delicti
		3.	Mens rea
		4.	Proximate cause
	C.	Intent-to-kill murder
		1.	Substantial certainty of death
		2.	Ill will not needed
		3.	Intent proved by circumstantial evidence
		4.	Voluntary manslaughter
		5.	Degrees of intent-to-kill murder
	D.	Intent to do serious bodily injury
		1.	Knowledge that injury is highly likely
		2.	Standard is generally subjective
		3.	What constitutes “serious bodily injury”
		4.	Model Penal Code rejects
	E.	Reckless indifference to value of human life (“depraved heart”)
III.	FELONY-MURDER
	A.	Felony-murder generally
	B.	Dangerous vs. non-dangerous felonies
	C.	Causal relationship
		1.	Illustration
		2.	“Natural and probable” consequences
		3.	Arson cases
		4.	Robberies
	D.	Accomplice liability of co-felons
	E.	“In the commission of” a felony
		1.	Mere coincidence not enough
		2.	Escape as part of felony
		3.	Killing followed by a felony
		4.	No requirement that felony be completed
	F.	Felony must be independent of killing
	G.	Future of the felony-murder rule
IV.	THE DEATH PENALTY AS PUNISHMENT FOR MURDER
	A.	Death Penalty generally
		1.	Gregg v. Georgia
		2.	Mandatory sentences not constitutional
		3.	Racial prejudice
		4.	Non-intentional killings
		5.	Other limits
V.	DEGREES OF MURDER
	A.	Degrees of murder
	B.	First-degree murder
		1.	Circumstantial evidence
		2.	Time required for premeditation
		3.	Elements which must be shown
		4.	Intoxication as negating deliberation
		5.	Criticism of distinction
		6.	Lying in wait, torture and poison
		7.	Felony-murder
	C.	Second-degree murder
VI.	MANSLAUGHTER—VOLUNTARY
	A.	Manslaughter generally
	B.	Voluntary manslaughter based on “heat of passion”
	C.	Requirements for heat-of-passion voluntary manslaughter
	D.	Reasonable provocation
	E.	Actual provocation
	F.	Reasonable “cooling off period”
	G.	Actual cooling off
	H.	Killing of one other than provoker
	I.	“Imperfect self defense”
		1.	Where applicable
		2.	“Imperfect” defense of others
		3.	“Imperfect” crime-prevention
		4.	“Imperfect” coercion or necessity
	J.	Other killings
VII.	MANSLAUGHTER—INVOLUNTARY
	A.	Involuntary manslaughter based on criminal negligence
	B.	Unlawful-act manslaughter (“misdemeanor-manslaughter”)
		1.	What constitutes “unlawful act”
		2.	Proximate cause
		3.	Criticism of doctrine
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VIII.	ASSAULT, BATTERY AND MAYHEM
	A.	Battery
	B.	Assault
	C.	Mayhem
IX.	RAPE
	A.	Definition of rape
		1.	Intercourse
		2.	The spousal exemption
		3.	Without consent
		4.	Force
		5.	Corroboration
		6.	Homosexual rape
	B.	Statutory rape
		1.	Reasonable mistake usually not a defense
X.	KIDNAPPING
	A.	Definition of kidnapping
		1.	Model Penal Code
		2.	Asportation
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Chapter 10 THEFT CRIMES AND OTHER CRIMES AGAINST PROPERTY
I.	HISTORICAL OVERVIEW
	A.	Larceny was judge-made crime
II.	LARCENY
	A.	Definition
	B.	Trespassory taking
		1.	Trapped by owner
		2.	Taking by employee
		3.	Transaction in owner’s presence
		4.	Bailee who breaks bulk
		5.	Finders of lost or mislaid property
		6.	Larceny by trick
	C.	Carrying away (“asportation”)
	D.	Personal property of another
		1.	Tangible personal property
		2.	Modern expansion
	E.	Property of another
	F.	Intent to steal
		1.	Intent to permanently deprive owner
		2.	The sell-back-to-owner, reward and refund exceptions
		3.	Intent to return equivalent property
		4.	Claim of right
		5.	Concurrence of taking and intent; mistake
	G.	Degrees of larceny
III.	EMBEZZLEMENT
	A.	Definition
	B.	Need for embezzlement crime
	C.	Conversion
	D.	Property of another
		1.	Kind of property which may be embezzled
		2.	Property “of another”
	E.	By one in lawful possession
		1.	Employees
		2.	Finders
	F.	Fraudulent taking
		1.	Claim of right
		2.	Collection of debt
		3.	Intent to repay
IV.	FALSE PRETENSES
	A.	Definition
	B.	Need for crime
	C.	False representation of present or past fact
		1.	Non-disclosure and concealment
		2.	False promises not sufficient
	D.	Reliance
		1.	Representation must be “material”
	E.	Passing of title
		1.	The victim has only possession
		2.	Sale as opposed to loan or lease
		3.	Purchase of goods on conditional sale
		4.	Handing over of money
	F.	Property of another
		1.	Property that qualifies
		2.	Joint ownership
	G.	Defendant’s mental state
		1.	Practical significance
		2.	Reasonable belief in truth of representation
		3.	Intent to defraud
	H.	Defenses
		1.	Gullibility of victim
		2.	No pecuniary loss
	I.	Crimes related to false pretenses
		1.	Bad checks
		2.	Forgery
		3.	Mail and wire fraud
V.	CONSOLIDATION OF THEFT CRIMES
VI.	RECEIVING STOLEN PROPERTY
VII.	BURGLARY
	A.	Common-law burglary
	B.	Breaking
	C.	Entry
	D.	Dwelling of another
	E.	Nighttime
	F.	Intent to commit a felony
VIII.	ROBBERY
	A.	Definition of robbery
	B.	From the person or presence of owner
	C.	Use of violence or intimidation
		1.	Violence
		2.	Intimidation
		3.	Taking must concur with violence or intimidation
	D.	Aggravated robbery
IX.	ARSON
	A.	Nature of offense
X.	BLACKMAIL AND EXTORTION
	A.	Nature of offense
	B.	Nature of threat
	C.	Attempt to recover property
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TABLE OF CASES
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TABLE OF CONTENTS

Chapter 1 SOME BASIC ISSUES IN CRIMINAL LAW

Chapter 2 ACTUS REUS AND MENS REA

Chapter 3 CAUSATION

Chapter 4 RESPONSIBILITY

Chapter 5 JUSTIFICATION AND EXCUSE

Chapter 6 ATTEMPT

Chapter 7 CONSPIRACY

Chapter 8 ACCOMPLICE LIABILITY AND SOLICITATION

Chapter 9 HOMICIDE AND OTHER CRIMES AGAINST THE PERSON

Chapter 10 THEFT CRIMES AND OTHER CRIMES AGAINST PROPERTY