Criminal Law

This is the second in a series of lessons on culpability requirements under the Model Penal Code (MPC). This lesson, which assumes students are familiar with the basic requirement that every material element have a state of mind, addresses the state of mind that applies to each element when one or more states of mind are contained in an MPC criminal statute. The lesson introduces students to the various types of elements in MPC statutes and to the general rule, found in § 2.02(4), that where a state of mind is specified, it applies to all material elements unless a contrary purpose plainly appears. The lesson affords students the opportunity to practice the default rules relating to states of mind on mock statutes and to learn how the legislature expresses a contrary purpose.

This lesson looks at the treatment of mistakes of fact and law as they relate to elements of offenses under the Model Penal Code.

This is an advanced lesson that demonstrates how the Model Penal Code rules of construction treat mistakes with regard to elements of defenses.

This lesson explains how the MPC deals with the maxim "ignorance of the law is no excuse." It addresses the general rule that a defendant need not know his or her conduct is criminal and looks at the exceptions to that general rule found in MPC § 2.04(3)(b).

This exercise provides an overview of the concept of causation. Factual cause is distinguished from legal cause, and causation in general from mens rea and attempt. Specific issues covered include simultaneous causes, different victim, different manner, and different injury.

This is a basic lesson covering the common law doctrine of concurrence. At common law, crimes required not only an actus reus and a mens rea but concurrence of the two. Through use of scenarios involving the common law crimes of murder, robbery, burglary and larceny (which are briefly introduced), the requirements for concurrence are explored. In addition, also through the use of scenarios, the doctrine is distinguished from the related doctrines of causation and mistake. Finally, concurrence as to attendant circumstances is also addressed. After completing this lesson, the student should have a working knowledge of the common law doctrine of concurrence and some understanding of how modern common law jurisdictions deal with the issues raised by this doctrine.

This lesson focuses on the distinctions between justification and excuse defenses. Many of the major legal scholars and commentators have distinguished justification and excuse defenses. However, the modern view often blurs the distinction. This lesson points out the principal theoretical distinctions as well as the areas of substantial confusion or controversy with respect to classification, both at common law and under the Model Penal Code. The exercise also describes those circumstances in which classification one way or the other makes a difference.

Excuses I provides a general introduction to excuse defenses by placing them within the larger context of the analysis of criminal liability. More specifically, Excuses I covers duress, entrapment, and mistake (or "ignorance"). Insanity and infancy are covered in Excuses II.

Excuses II covers the excuses of insanity and infancy. As in Excuses I, the connection between these defenses and other issues in the analysis of criminal liability is emphasized. Excuses II is a freestanding exercise and provides a general introduction to the concept of an excuse. Still, it's probably best used in conjunction with Excuses I.

This is a lesson dealing with the basic justification defense of self-defense. Most of us would name self-defense as the primary justification defense; and, it is perhaps the most common or familiar of all defenses. Yet self-defense has roots in other defenses at early common law. Therefore, this lesson begins with a consideration of those roots. Moreover, there is considerable overlap between the various defenses, even when one agrees on classification. Thus, understanding the basics of self-defense is essential to understanding many or all of the justification defenses. The purpose of this lesson is to present very simply the elements of self-defense. Even a student who is just beginning the study of defenses should be comfortable working this lesson.

This is a lesson on battered woman syndrome with respect to the defense of self-defense. Over the last few decades, there has developed in the legal literature a recognition of this, and other similar syndromes, in the context of homicide cases. The situation of an abused person who kills the abuser raises questions about the basis for a defense of self-defense in circumstances that might not easily fit into the traditional self-defense mold. Though courts allow the defense in many cases, the invocation of the defense still presents problems in certain situations. The purpose of this lesson is to explore those varying circumstances and the issues raised with respect to the possibility of a defendant invoking the defense of self-defense.

This lesson covers the subject of defense of others. In many respects an actor's right to defend another parallels his or her right to defend himself or herself. However, there are some specific exceptions and nuances that must be understood. It is the purpose of this lesson to cover those specifics and nuances in the context of some classic scenarios.