At common law, as well as under modern statutory codes, the crime of homicide was (and is) divided into various component crimes. In addition to the crime of murder, the most serious crime, there are other crimes (e.g., voluntary manslaughter, involuntary manslaughter, etc.). This lesson provides an overview of the crime of murder by examining how that crime was handled under the common law, as well as how it is handled under the Model Penal Code, and other modern statutory approaches. Subsequent lessons will provide more detailed examination of these topics. This lesson is intended for students who have studied the crime of murder in class, and who wish to refine and enhance their knowledge and understanding of the topic.
Read moreExcuses 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.
Read moreThis lesson continues our discussion of accomplice liability. In a prior lesson, we examined how the common law and the Model Penal Code classified various types of accomplices. In another prior lesson, we examined the actus reus requirement for accomplice liability. In this lesson, we continue the discussion by focusing on the mens rea requirement for accomplice liability. The lesson is intended for students who have studied these issues in class, and who wish to refine their understanding and knowledge of the topic.
Read moreThis is one of a series of lessons on homicide. Earlier lessons provide an overview of the crime of homicide, and individual lessons focus on such topics as murder, manslaughter and other crimes. This lesson focuses on the so-called unlawful act manslaughter doctrine. The lesson is intended for students who have studied this doctrine in class and who wish to refine their knowledge of the topic.
Read moreThis is one in a series of lessons on accomplice liability. In earlier lessons, we examined how accomplices were classified under the common law and the Model Penal Code. In addition, we examined the mens rea requirement for accomplice liability. In this lesson, we continue the discussion by examining the actus reus requirement of accomplice liability. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge and understanding of the topic.
Read moreExcuses 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.
Read moreThis exercise is designed as a review for students taking the basic first year course in criminal law. Suspendatur! (Latin for “let him be hanged”, the final entry in medieval plea rolls in capital cases) is patterned after the familiar game of hangman, in which each wrong answer adds a part to a stick figure on the gibbet. The student must answer multiple choice and true-false questions based on hypothetical situations. Each right or wrong answer provides substantive feedback in what aims to be at least a mildly humorous fashion.
Read moreThis lesson explores the various ways in which the criminal law considers victim consent. Topics include consent as negating an offense element, consent as justification, effective consent, and limitations on consent as a defense.
Read moreThis 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.
Read moreThis lesson provides a basic overview of the law of homicide. It is an introductory lesson to get you started on distinguishing criminal from noncriminal homicide, identifying the elements of homicide, and analyzing the varying degrees of homicide. The lesson guides you through applying the basic concepts of actus reus, mens rea and causation to homicide offenses and provides an analytical framework for approaching homicide problems. Finally, it provides separate practice questions and an opportunity to try out the problem-solving approach on an exam-type question.
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