SKILLS Workshop Series Academic Support:

Size: px

Start display at page:

Download "SKILLS Workshop Series Academic Support:"

Cecilia Richards
6 years ago
Views:

1 Criminal Law: Applying Test-taking Skills to Substantive Law Prof Homer: Prof Dombrow: Prof Gutterud: SKILLS Workshop Series Academic Support:

3 Review/Reflection Structure of Criminal Law Study Tools Outlining Flash Cards Group Activity Written Exercise Analysis (Facts+WHY)

4 Review/Reflection: Soft grades vs. Hard grades Purpose of 2 nd Semester Workshop Series Criminal Law=1 semester, 1 shot

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.

5 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?

6 Review/Reflection: Read, brief, class notes Review Class notes for understanding Update Outline Practice Exams/ Review Sessions Assess what you know Adjust Outline

7 Structure: Actus Reus Mens Rea THEN you get to actual crimes: Murder Rape Larceny Inchoate crimes

8 Structure:

9 Study Tools: 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

10 I.INTRODUCTION Week of January 9 th 1. Jan 9 th : Overview of Course - Theoretical Perspectives Lawrence v. Texas - pp City of Chicago v. Morales pp Theories of Punishment pp ; 85-94, Jan 11 th: The Process of Punishment; Theoretical and Comparative Perspectives pp ; II.ELEMENTS OF CRIMINAL CONDUCT: ACTUS REUS and MENS REA Jan 18 th : Actus Reus (the Required Act): Voluntary Act/Omissions - pp ; Jan 23 rd : Mens Rea: Common Law Conceptions pp Jan 25 th : Mens Rea: The Model Penal Code Approach -pp Jan 30: Mens Rea: The Model Penal Code Approach pp Feb 1: Mens Rea (Mental States): Strict Liability pp IV.CAUSATION Mar 7: Causation The Significance of Resulting Harm-pp Spring Break (March 12 th /14 th no classes) March 5 Causation The Significance of Resulting Harm - pp Midterm Review Session V. INCHOATE CRIMES AND GROUP CRIMINALITY 20. Mar 26: Attempt and Solicitation; Factual v. Legal Impossibility pp ; Mar 28: Accomplice Liability and Conspiracy - pp April 2: Accomplice Liability and Conspiracy- pp VI. DEFENSES April 4: Self Defense; Protection of Property: pp : April 9: Justification: Necessity - pp ; pp April 11: Excuse: Duress; Intoxication - pp Feb 6: Mistake of Fact and Law (Defenses) pp ; ; April 16: Mental Illness and Diminished Capacity pp April 18: Diminished Capacity, pp III.SPECIFIC CRIMES 28. Final Review 9. Feb 8: Theft and Related Offenses (Row 4) pp ; ; ; Feb 13: Rape and Other Sexual Offenses pp (Trial Simulation) 11. Feb 15: Rape and Other Sexual Offenses - pp ; Feb 20: Homicide Intentional Killings - pp Feb 22: Homicide - Involuntary Manslaughter -pp Feb 27: Homicide Murder and Felony Murder -pp Feb 29 t : Homicide Felony Murder

11 Structure: 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?

12 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

13 Study Tools: 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 General Intent can be achieved through a number of ways.

14 Study Tools: The state of mind necessary to commit the crime. Can be: General Intent -or- Specific Intent 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

16 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

17 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:

18 Organization Use of Key Facts Analysis

19 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

20 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.

21 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

22 Facts+WHY review Who can recall the approach to analysis we discussed last semester? Counter arguments? 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

23 Facts Relevant to Actus Reus: 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.

24 Counter arguments to Actus Reus: Tyra was falling To save herself 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. Too distraught to help 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?

25 Facts Relevant to Mens Rea: To save herself from falling she grabbed Nigel Tyra recognized that Nigel was severely hurt Tyra did not help him because she was distraught 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.

26 Counter Arguments to Mens Rea: Tyra was falling She could argue that it was an automatic response or reflex therefore she had no intention, no wanton disregard, and was not reckless. It was so windy on the cliff-side that Tyra could not hear Nigel s cries for help 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?

27 Review/Reflect/Adapt/Evolve Pay attention to how the book/class is organized Practice/Be Proactive Law School Math Lesson: Facts + WHY =

28 Monday Tuesday Thursday Prof. Homer Prof. Dombrow Prof. Gutterud 9:00-11:00am 2:00-5:00pm 10:00-11:00am 2:00pm-6:00pm in the library 8:00-11:00am 2:00pm-4:00pm 9:00am-12:00pm 9:00-11:00am 2:00-5:00pm 9:00am-12:00pm 9:00-11:00am 2:00-5:00pm 9:00am-12:00pm 9:00am-12:00pm 2:00-6:00pm in the library

29 Section B March 19 th 2:30-3:30 Section C March 20 th 12-1 Section A March 22 nd 12-1 Section E March 22 nd 5-6

The Sources of and Limits on Criminal Law 1

CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The