Arkansas Law School 1L Study Guide for Criminal Law
I. INTRODUCTION TO CRIMINAL LAW
A. Purpose and Function of Criminal Law
– Deterrence
– Punishment
– Rehabilitation
– Protection of society
B. Sources of Criminal Law
– Constitution
– Statutes
– Case law
C. Principles of Criminal Liability
– Actus Reus (the “guilty act”)
– Mens Rea (the “guilty mind”)
– Concurrence of actus reus and mens rea
– Causation
II. ELEMENTS OF A CRIME
A. Actus Reus
– Voluntary Act
– Omission (when there’s a legal duty to act)
B. Mens Rea
– Specific intent
– General intent
– Strict liability
C. Causation
– Factual Causation
– Legal Causation
D. Concurrence
– Temporal relationship between mens rea and actus reus
III. HOMICIDE
A. Murder
– First-degree murder
– Second-degree murder
B. Manslaughter
– Voluntary manslaughter
– Involuntary manslaughter
C. Arkansas-Specific Considerations
– Capital murder (Ark. Code Ann. § 5-10-101)
– Felony murder
IV. SEXUAL OFFENSES
A. Rape
– Statutory definitions
– Consent issues
B. Sexual Assault
– Degrees of sexual assault under Arkansas law
C. Arkansas-Specific Considerations
– Age of consent
– Mandatory reporting requirements
V. THEFT AND PROPERTY CRIMES
A. Larceny
– Elements
– Types
B. Burglary
– Elements
– Arkansas’s specific statutes (Ark. Code Ann. § 5-39-201)
C. Robbery
– Elements
– Distinction from theft
D. Embezzlement
– Elements
– Fiduciary relationship
E. Receiving Stolen Property
– Knowledge requirement
VI. INCHOATE CRIMES
A. Attempt
– Elements
– Abandonment
B. Conspiracy
– Elements
– Overt act requirement in Arkansas
C. Solicitation
– Elements
– Impossibility defense
VII. DEFENSES TO CRIMINAL LIABILITY
A. Justification Defenses
– Self-defense
– Defense of others
– Defense of property
B. Excuse Defenses
– Insanity
– Duress
– Infancy
C. Arkansas-Specific Considerations
– Stand Your Ground Law (Ark. Code Ann. § 5-2-620)
VIII. PROCEDURAL ASPECTS
A. The Criminal Process
– Investigation
– Charging
– Preliminary hearing/arraignment
– Trial
– Sentencing
B. Constitutional Protections
– Fourth Amendment (search and seizure)
– Fifth Amendment (self-incrimination, double jeopardy)
– Sixth Amendment (right to counsel, speedy trial)
– Eighth Amendment (cruel and unusual punishment)
C. Arkansas Rules of Criminal Procedure
IX. CASE LAW REVIEW USING IRAC FORMAT
Example Case: Miranda v. Arizona, 384 U.S. 436 (1966)
Issue: Whether the Fifth Amendment’s protection against self-incrimination extends to the police interrogation of a suspect.
Rule: The Supreme Court held that the Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody.
Analysis: The Court determined that without proper safeguards, the process of in-custody interrogation contains inherently compelling pressures which can lead to involuntary self-incrimination. Thus, it is necessary to ensure that the rights of the individual are protected.
Conclusion: Miranda’s conviction was overturned, leading to the establishment of the “Miranda Rights,” which must be recited to suspects upon their arrest.
For Arkansas-specific cases, students should consult the Arkansas Reporter and Arkansas annotated statutes for relevant case law that may impact the understanding of criminal law within the state’s jurisdiction.
X. REVIEW AND PRACTICE
A. Key Concepts Recap
B. Hypothetical Problems
C. Practice Exams
D. Arkansas Bar Exam Questions
This study guide provides a foundational overview of key concepts, but students are encouraged to delve deeper into each topic, examine Arkansas-specific statutes and case law, and engage with practice problems and past exam questions for thorough preparation.