Criminal Law Lessons | Law

⚖️ Criminal Law

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Criminal Law deck

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Elements of Crime

MA + AC (M=Mens Rea/guilty mind, A=Actus Reus/guilty act, A=Attendant Circumstances, C=Causation) — elements of every crime

Mens Rea · Actus Reus + Attendant Circumstances · Causation

Every crime requires a guilty mind (mens rea) plus a guilty act (actus reus). MA + AC: Mens Rea (criminal intent) · Actus Reus (voluntary act or omission) · Attendant Circumstances (required facts) · Causation (for result crimes). The prosecution must prove every element beyond a reasonable doubt.

Mens rea

Guilty mind — the mental state required. MPC levels: purposely, knowingly, recklessly, negligently. Common law: specific vs. general intent.

Actus reus

Voluntary act or culpable omission. Reflex actions, sleepwalking, and acts under duress are NOT voluntary — no actus reus.

Attendant circumstances

Required facts that must exist — e.g., for statutory rape, the victim must be under the age of consent.

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🃏 Elements of Crime

Elements of a crime — MA + AC

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🃏 Answer

MA + AC (M=Mens Rea/guilty mind, A=Actus Reus/guilty act, A=Attendant Circumstances, C=Causation) — elements of every crime

Mens reaGuilty mind — the mental state required. MPC levels: purposely, knowingly, recklessly, negligently. Common law: specific vs. general intent.

Actus reusVoluntary act or culpable omission. Reflex actions, sleepwalking, and acts under duress are NOT voluntary — no actus reus.

Attendant circumstancesRequired facts that must exist — e.g., for statutory rape, the victim must be under the age of consent.

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Mens Rea Levels

PKRN (P=Purpose, K=Knowledge, R=Recklessness, N=Negligence) — MPC mental states from highest to lowest culpability

Purposely · Knowingly · Recklessly · Negligently

The Model Penal Code ranks criminal intent from most to least culpable. PKRN — think of it as descending: Purposely (your conscious goal) → Knowingly (aware it will happen) → Recklessly (conscious disregard of risk) → Negligently (should have known the risk). Higher mens rea = harsher punishment.

Purposely

Conscious object to engage in the conduct or cause the result. The most culpable level — "I meant to do it."

Knowingly

Aware that the conduct is of that nature or that the result is practically certain to follow. "I knew it would happen."

Recklessly

Consciously disregards a substantial and unjustifiable risk. "I knew there was a serious risk and ignored it."

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🃏 Mens Rea Levels

PKRN

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🃏 Answer

PKRN (P=Purpose, K=Knowledge, R=Recklessness, N=Negligence) — MPC mental states from highest to lowest culpability

PurposelyConscious object to engage in the conduct or cause the result. The most culpable level — "I meant to do it."

KnowinglyAware that the conduct is of that nature or that the result is practically certain to follow. "I knew it would happen."

RecklesslyConsciously disregards a substantial and unjustifiable risk. "I knew there was a serious risk and ignored it."

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Homicide

Homicide: 1=First-degree murder (premeditated), 2=Second-degree murder (intent without premeditation), VM=Voluntary Manslaughter (heat of passion), MK=involuntary ManKilling/Manslaughter (negligence or recklessness)

Murder 1st · Murder 2nd · Voluntary manslaughter · Involuntary manslaughter · Misdemeanor-manslaughter

Homicide is the killing of one human by another — not all are criminal, and criminal homicides vary widely in severity. 1st degree murder requires premeditation + deliberation. 2nd degree is intentional but unplanned. Voluntary manslaughter is heat of passion. Involuntary is reckless or negligent killing.

Murder 1st degree

Premeditated + deliberate killing. "I planned it." Also includes felony murder during specified dangerous felonies (BARRK (B=Burglary, A=Arson, R=Robbery, R=Rape, K=Kidnapping) — predicate felonies for the felony murder rule: Burglary, Arson, Rape, Robbery, Kidnapping).

Murder 2nd degree

Intentional killing without premeditation, or killing with extreme recklessness (depraved heart). Unplanned but intentional.

Voluntary manslaughter

Heat of passion killing — adequate provocation, no cooling-off period, causal link between provocation and killing.

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🃏 Homicide

The degrees of homicide?

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🃏 Answer

Murder 1st degreePremeditated + deliberate killing. "I planned it." Also includes felony murder during specified dangerous felonies (BARRK (B=Burglary, A=Arson, R=Robbery, R=Rape, K=Kidnapping) — predicate felonies for the felony murder rule: Burglary, Arson, Rape, Robbery, Kidnapping).

Murder 2nd degreeIntentional killing without premeditation, or killing with extreme recklessness (depraved heart). Unplanned but intentional.

Voluntary manslaughterHeat of passion killing — adequate provocation, no cooling-off period, causal link between provocation and killing.

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Theft Crimes

LEFT·B·R (L=Larceny, E=Embezzlement, F=False pretenses, T=Theft by trick, B=Burglary, R=Robbery) — theft crimes

Larceny · Embezzlement · False pretenses · Theft by trick · Burglary · Robbery

Theft crimes look similar but have critical distinctions examiners love to test. LEFT·B·R: Larceny (trespassory taking) · Embezzlement (lawful possession then convert) · False pretenses (title through fraud) · Theft by trick (possession through fraud) · Burglary (breaking and entering) · Robbery (larceny + force or fear).

Larceny

Trespassory taking and carrying away of another's personal property with intent to permanently deprive. The baseline theft offense.

Embezzlement

Fraudulent conversion of property by someone who lawfully possessed it — e.g., an employee stealing from the register.

False pretenses

Obtaining title to property through a false representation of a material past or present fact. Victim passes title voluntarily.

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🃏 Theft Crimes

Theft crimes — LEFT·B·R

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🃏 Answer

LEFT·B·R (L=Larceny, E=Embezzlement, F=False pretenses, T=Theft by trick, B=Burglary, R=Robbery) — theft crimes

LarcenyTrespassory taking and carrying away of another's personal property with intent to permanently deprive. The baseline theft offense.

EmbezzlementFraudulent conversion of property by someone who lawfully possessed it — e.g., an employee stealing from the register.

False pretensesObtaining title to property through a false representation of a material past or present fact. Victim passes title voluntarily.

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Criminal Defenses

SIDED (S=Self-defense, I=Insanity, D=Duress, E=Entrapment, D=Defense of others) — criminal defenses

Self-defense · Insanity · Duress · Entrapment · Diminished capacity

SIDED covers the defenses most tested in criminal law. Some are complete defenses (acquittal) while others only reduce the charge or sentence. Self-defense and duress are justifications — the act was right. Insanity and diminished capacity are excuses — the act was wrong but defendant lacked culpability.

Self-defense

Reasonable belief of imminent unlawful force. Must use proportionate force. Initial aggressors generally cannot claim self-defense.

Insanity

M'Naghten: didn't know nature of act OR didn't know it was wrong. MPC: lacked substantial capacity to appreciate criminality or conform conduct.

Duress

Imminent threat of death or serious bodily harm compelling the crime. NOT a defense to murder in most jurisdictions.

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🃏 Criminal Defenses

SIDED

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🃏 Answer

SIDED (S=Self-defense, I=Insanity, D=Duress, E=Entrapment, D=Defense of others) — criminal defenses

Self-defenseReasonable belief of imminent unlawful force. Must use proportionate force. Initial aggressors generally cannot claim self-defense.

InsanityM'Naghten: didn't know nature of act OR didn't know it was wrong. MPC: lacked substantial capacity to appreciate criminality or conform conduct.

DuressImminent threat of death or serious bodily harm compelling the crime. NOT a defense to murder in most jurisdictions.

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Inchoate Crimes

ACS (A=Attempt, C=Conspiracy, S=Solicitation) — the three inchoate crimes

Attempt · Conspiracy · Solicitation

Inchoate crimes punish steps toward a crime even if the target offense never occurs. ACS: Attempt (substantial step toward commission) · Conspiracy (agreement between two+ to commit a crime) · Solicitation (asking another to commit a crime). All three require mens rea — you must intend the target offense.

Attempt

Specific intent + a substantial step beyond mere preparation. MPC: substantial step strongly corroborative of criminal purpose. Abandonment is a defense under MPC only.

Conspiracy

Agreement between two or more persons to commit a crime + an overt act (MPC/most states). Pinkerton rule: co-conspirators liable for foreseeable crimes of each other.

Solicitation

Asking, encouraging, or inducing another to commit a crime with intent they do so. Complete at the moment of asking — no acceptance needed.

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🃏 Inchoate Crimes

ACS

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ACS (A=Attempt, C=Conspiracy, S=Solicitation) — the three inchoate crimes

AttemptSpecific intent + a substantial step beyond mere preparation. MPC: substantial step strongly corroborative of criminal purpose. Abandonment is a defense under MPC only.

ConspiracyAgreement between two or more persons to commit a crime + an overt act (MPC/most states). Pinkerton rule: co-conspirators liable for foreseeable crimes of each other.

SolicitationAsking, encouraging, or inducing another to commit a crime with intent they do so. Complete at the moment of asking — no acceptance needed.

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4th & 5th Amendment

MIRANDA (Must Inform Rights iN Any Detained Arrest) = Must inform suspects of: right to silence, anything said can be used against them, right to attorney, appointed attorney if cannot afford

Must · Inform · Rights · Before · Any · Questioning

Miranda warnings are required before custodial interrogation. MIRANDA: police Must Inform you of your Rights Before Any Questioning while in custody. The four warnings: right to remain silent · anything said can be used against you · right to an attorney · if you can't afford one, one will be appointed.

Custody

Person is deprived of freedom in a significant way — under arrest or equivalent restraint. Traffic stops alone are NOT custody.

Interrogation

Express questioning OR words/actions police should know are reasonably likely to elicit an incriminating response.

Waiver

Rights can be waived if waiver is knowing, voluntary, and intelligent. Silence alone is NOT a waiver — must be affirmative.

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🃏 4th & 5th Amendment

MIRANDA

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🃏 Answer

MIRANDA (Must Inform Rights iN Any Detained Arrest) = Must inform suspects of: right to silence, anything said can be used against them, right to attorney, appointed attorney if cannot afford

CustodyPerson is deprived of freedom in a significant way — under arrest or equivalent restraint. Traffic stops alone are NOT custody.

InterrogationExpress questioning OR words/actions police should know are reasonably likely to elicit an incriminating response.

WaiverRights can be waived if waiver is knowing, voluntary, and intelligent. Silence alone is NOT a waiver — must be affirmative.

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Accomplice Liability

PAPA (P=Principal, A=Aiding and abetting, P=Participation before crime, A=Accessory After the fact) — accomplice liability

Principal · Aider · Principal in 2nd degree · Accessory after the fact

Criminal liability extends beyond the person who pulls the trigger. PAPA: Principal (commits the act) · Aider and abettor (assists with intent) · Principal in 2nd degree (present, aids at the scene) · Accessory after the fact (helps after crime is complete — lesser offense). Modern law largely collapses these into principal and accomplice.

Accomplice liability

Aider/abettor is liable as a principal — same crime, same punishment. Must have intent to assist AND intent the crime be committed.

Mere presence

Simply being at the scene is NOT enough for accomplice liability. Must actively aid, abet, counsel, or encourage.

Accessory after the fact

Knowingly helps a felon escape arrest, trial, or punishment after the crime. Separate, lesser offense — not liable for the underlying crime.

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🃏 Accomplice Liability

PAPA

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PAPA (P=Principal, A=Aiding and abetting, P=Participation before crime, A=Accessory After the fact) — accomplice liability

Accomplice liabilityAider/abettor is liable as a principal — same crime, same punishment. Must have intent to assist AND intent the crime be committed.

Mere presenceSimply being at the scene is NOT enough for accomplice liability. Must actively aid, abet, counsel, or encourage.

Accessory after the factKnowingly helps a felon escape arrest, trial, or punishment after the crime. Separate, lesser offense — not liable for the underlying crime.

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Felony Murder

BARRK

Burglary · Arson · Rape · Robbery · Kidnapping

The felony murder rule holds all participants liable for murder if anyone dies during the commission of a dangerous felony — even accidentally. BARRK covers the five felonies that most commonly trigger the rule. If a getaway driver's accomplice kills someone inside the bank, the driver is guilty of murder too.

The rule

No separate mens rea needed for the killing — the intent to commit the underlying felony substitutes. Strict liability for the death.

Scope

Applies to all co-felons present. Death of a co-felon by a victim or police typically does NOT trigger felony murder (agency theory).

Merger limitation

Underlying felony must be independent of the killing — assault cannot merge into felony murder or every assault killing becomes 1st degree murder.

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🃏 Felony Murder

BARRK

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The ruleNo separate mens rea needed for the killing — the intent to commit the underlying felony substitutes. Strict liability for the death.

ScopeApplies to all co-felons present. Death of a co-felon by a victim or police typically does NOT trigger felony murder (agency theory).

Merger limitationUnderlying felony must be independent of the killing — assault cannot merge into felony murder or every assault killing becomes 1st degree murder.

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🎓 Common Exam Questions

Memory tricks for criminal law

Memory Tricks