Criminal Law & Procedure Summary

This briefing document provides a comprehensive review of criminal law and procedure, covering substantive law, constitutional protections, and trial procedures. Key areas include:

Mental States: The document details four levels of culpability: purpose (intent), knowledge, recklessness, and criminal negligence, each with specific evidentiary requirements.

Constitutional Analysis: It covers Fourth Amendment issues such as search and seizure, warrant requirements and exceptions, and Fifth and Sixth Amendment protections like Miranda rights and the right to counsel.

Exam Strategies: The briefing offers tips for multiple-choice questions and essay writing, including the use of IRAC for essays and the process of elimination for multiple choice.

Substantive Law: It reviews crimes against persons, like homicide, and crimes against property, such as larceny and burglary, along with inchoate offenses.

Defenses to Crimes: The document discusses capacity defenses like insanity and infancy, and justifications like self-defense, necessity and duress.

Criminal Procedure: It explains the Fourth, Fifth, and Sixth Amendment protections, including the exclusionary rule, Miranda warnings, and the right to counsel. It also covers pretrial and trial procedures, such as grand juries, bail, plea bargains, discovery, and sentencing.

Post-Conviction Relief: It discusses criminal appeals, standards of review, and habeas corpus petitions, including time limits and procedural requirements.

The briefing uses hypotheticals and model answers to illustrate concepts and suggests strategies for bar exam success, emphasizing issue spotting and applying legal principles.