Prof Homer: jhomer@law.whittier.edu Prof Dombrow: kdombrow@law.whittier.edu Prof Gutterud: hgutterud@law.whittier.edu

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Criminal Law: Applying Test-taking Skills to

Substantive Law

• Review/Reflection

• Structure of Criminal Law

• Study Tools

•Outlining

• Flash Cards

• Group Activity

•Written Exercise

•Analysis (Facts+WHY)

• ―Soft grades‖ vs. ―Hard grades‖

• Purpose of 2nd Semester Workshop

Series

• Criminal Law=1 semester, 1 shot

Review/Reflection:

Focus of ASP:

Case reading

Time management, actually doing the reading, briefing, how to brief and take class notes for understanding

Outlining

Organization, proper rules, length, etc.

Study Strategies

Flash cards, Supplements, Substantive Review

Exam Taking Strategy

Practice Exams, Time Management, Pre-write outlines, etc.

What skill do you most want to improve on?

Practice Exams/ Review Sessions

Review Class notes for

understanding

Adjust Outline

Assess what you

know

Update Outline

Read, brief, class

notes

Review/Reflection:

• Actus Reus

• Mens Rea

THEN you get to actual crimes:

• Murder

• Rape

• Larceny

• Inchoate crimes

Structure:

Structure:

• Use the Syllabus & book to provide a basic

guideline THEN

• Outline sub-elements of crimes with the

structure/order you’d use on the exam

Study Tools:

I.INTRODUCTION

Week of January 9th

1. Jan 9th: Overview of Course - Theoretical Perspectives

Lawrence v. Texas - pp. 121-131

City of Chicago v. Morales – pp. 154-166

Theories of Punishment pp. 79-82; 85-94, 97-100

2. Jan 11th: The Process of Punishment; Theoretical and Comparative Perspectives

pp. 29-31; 42-62

II.ELEMENTS OF CRIMINAL CONDUCT: ACTUS REUS and MENS REA

Jan 18th: Actus Reus (the Required Act): Voluntary Act/Omissions - pp. 182-

192; 200-213

Jan 23rd: Mens Rea: Common Law Conceptions –pp. 213-222

5. Jan 25th: Mens Rea: The Model Penal Code Approach -pp. 222-233

Jan 30: Mens Rea: The Model Penal Code Approach – pp. 222-233

7. Feb 1: Mens Rea (Mental States): Strict Liability – pp. 248-264

8. Feb 6: Mistake of Fact and Law (Defenses) pp. 234-248; 267-285; 288-290

III.SPECIFIC CRIMES

9. Feb 8: Theft and Related Offenses (Row 4) pp. 933-959; 965-969; 979-989;

996-1004

10. Feb 13: Rape and Other Sexual Offenses pp. 291-318 (Trial Simulation)

11. Feb 15: Rape and Other Sexual Offenses - pp. 318-344; 344-371

12. Feb 20: Homicide – Intentional Killings - pp. 373-410

13. Feb 22: Homicide - Involuntary Manslaughter -pp. 392-426

14. Feb 27: Homicide – Murder and Felony Murder -pp. 418-446

15. Feb 29t: Homicide – Felony Murder – 447-466

IV.CAUSATION

Mar 7: Causation –The Significance of Resulting Harm-pp. 509-523

Spring Break (March 12th/14th –no classes)

March 5 Causation – The Significance of Resulting Harm - pp. 509-523

Midterm Review Session

V. INCHOATE CRIMES AND GROUP CRIMINALITY

20. Mar 26: Attempt and Solicitation; Factual v. Legal Impossibility pp. 544-

561; 562-588

21. Mar 28: Accomplice Liability and Conspiracy - pp. 663-679

22. April 2: Accomplice Liability and Conspiracy- pp.704-721

VI. DEFENSES

April 4: Self Defense; Protection of Property: pp 764-786:

April 9: Justification: Necessity - pp. 786-809; pp. 73-78

April 11: Excuse: Duress; Intoxication - pp. 831-863

26. April 16: Mental Illness and Diminished Capacity pp. 863-889

27. April 18: Diminished Capacity, pp. 890-907

28. Final Review

Analyzing Actus Reus & Mens Rea:

1. Actus Reus—define with rule.

a) Analyze whether the actus reus is met

2. Mens rea—define what mens rea is required

a) Intent—specific vs. General/strict liability?

Structure:

Murder Approach

1. Define Murder—Common law murder is the unlawful killing of another human being with malice aforethought.

2. Actus reus—the killing.

a) Analyze how someone was killed.

3. Mens rea—4 malices

a) Intent to Kill, Great Bodily Harm, Depraved Heart, Felony Murder

4. Degrees

5. Defenses

Structure:

1. Actus Reus

2. Mens Rea/Intent

1. Specific Intent

2. General Intent

3. Specific Crimes: Clear concise rule

1. What Actus Reus is req’d

2. What Mens Rea is req’d

3. Specific elements of crime req’d

Study Tools:

The state of mind necessary to

commit the crime. Can be:

General Intent

-or-

Specific Intent

Study Tools:

General Intent can be achieved

through a number of ways. It permits

the ∆ to commit the actus reus of the

crime with a variety of mens rea, such

as negligence, recklessness, willfulness

or intent. Example: Rape, Felony

Murder, Depraved Heart Murder

Specific intent is where the

conscious objective is to achieve the

particular offense.

Examples: First Degree Murder,

Conspiracy, Robbery, Burglary

1 Read the call of the question

2 Read the fact pattern

3 Outline your answer using your outline structure+utilizing key facts

4 Write exam in IRAC form focusing on analysis

Read the call of the

?

Read the fact

pattern Outline

Write in IRAC

1. Read the Call of the question:

1. Tyra was convicted of depraved heart murder. She claims that she did

not ―act‖ so as to be guilty of any crime. Focusing on actus reus, is she

correct?

2. Tyra also appeals because she did not have the requisite mens rea for

Depraved Heart murder. Will her appeal succeed?

2. Read the Fact Pattern:

• Organization

• Use of Key Facts

• Analysis

• The culpable act itself, the physical manifestation of

the criminal conduct, can be a positive act or an

omission.

• Positive Acts

• Taking action (stabbing someone, shooting someone, etc)

• Omissions

• Statutorily imposed

• Special Relationship giving rise to certain duties

• Contractual duty to care for another

• Voluntarily assume the care of someone

• Put the person at risk

• The state of mind necessary to commit the

crime. Can be general intent or specific intent.

• General intent—

• the intent can be achieved through a number of

ways. Permits the ∆ to commit the actus reus of the

crime with a variety of mens rea from negligence,

recklessness, willfulness to intention.

• Specific intent—

• the conscious objective is to achieve the particular

offense.

• The Actus Reus of any homicide is ―the killing‖ itself. This

means you have to show what VOLUNTARY/VOLITIONAL

ACTIONS led to or caused the killing to occur.

• The Mens Rea of Depraved Heart Murder is EXTREME

RECKLESSNESS, an UNINTENTIONAL killing, but acting

with a WANTON DISREGARD for the value of human life.

It is a GENERAL INTENT crime.

Now read the fact pattern and pull out the relevant facts

Counter arguments?

Facts+WHY review—Who can recall the

approach to analysis we discussed last

semester?

Facts+WHY

• Identify relevant facts

and explain WHY

they are relevant to

the rule/legally

significant

• Try to relate the

relevant facts back to

the ―buzz words‖ of

the rule

• Tyra grabbed Nigel

• ―Tyra recognized that Nigel was severely hurt‖ but was ―Too distraught to help‖

• ―Delay in action‖ caused infection and death.

This indicates that Tyra took the

volitional action of grabbing

Nigel, caused him to fall, and

put him at risk of death.

Tyra was aware that Nigel was

hurt. Even though Tyra was

aware that she put Nigel at risk

of death, she failed to act (an

omission).

Tyra’s inaction caused Nigel to

die when his death was likely

preventable.

Facts Relevant to Actus Reus:

Counter arguments to Actus Reus:

• Tyra was falling

• To save herself

• ―Too distraught to help‖

Tyra will argue that grabbing

Nigel was a knee-jerk reaction and

not a volitional action.

Tyra believed that she was dying

and grabbed Nigel to save

herself—again not volitionally.

Even though she put Nigel at risk,

she was so distraught that she could

not take action to save him

Is this a counter argument that will succeed?

• ―To save herself from

falling‖ she grabbed Nigel

• ―Tyra recognized that

Nigel was severely hurt‖

• Tyra did not help him

because she was distraught

Facts Relevant to Mens Rea:

Tyra knew that by grabbing Nigel

she could put him at risk but she

acted anyway which shows she was

acting recklessly.

Tyra was aware that Nigel was

severely injured in the fall but…

Tyra’s inaction indicates that in her

focus on her own health she had a

complete disregard for the value

of Nigel’s injuries and life.

• Tyra was falling

• It was so windy on the

cliff-side that Tyra

could not hear Nigel’s

cries for help

Counter Arguments to Mens Rea:

She could argue that it was an

automatic response or reflex—

therefore she had no intention, no

wanton disregard, and was not

reckless.

While she knew Nigel was hurt, she

did not realize the severity.

Therefore, she was not reckless/did

not have a wanton disregard for

the value of Nigel’s life because

she was oblivious to him impending

death.

Is this a counter argument that will succeed?

• Review/Reflect/Adapt/Evolve

• Pay attention to how the book/class is organized

• Practice/Be Proactive

• Law School Math Lesson:

• Facts + WHY =

Monday Tuesday Thursday

Prof. Homer 9:00-11:00am

2:00-5:00pm

9:00am-12:00pm 9:00-11:00am

2:00-5:00pm

Prof. Dombrow 10:00-11:00am

2:00pm-6:00pm

in the library

9:00am-12:00pm 9:00-11:00am

2:00-5:00pm

Prof. Gutterud 8:00-11:00am

2:00pm-4:00pm

9:00am-12:00pm 9:00am-12:00pm

2:00-6:00pm in the

library

Section B March 19th 2:30-3:30

Section C March 20th 12-1

Section A March 22nd 12-1

Section E March 22nd 5-6