Mississippi Law School 1L Study Guide for Criminal Law

Mississippi Law School 1L Study Guide for Criminal Law

Introduction to Mississippi Criminal Law
Mississippi criminal law is governed by both the Mississippi Code and common law principles. Understanding the state’s specific penal code, rules of criminal procedure, and judicial interpretations of these laws is essential. Students must familiarize themselves with the following concepts:

1. Elements of a Crime
   • Mens Rea (intent)
   • Actus Reus (conduct)
   • Concurrence of Mens Rea and Actus Reus
   • Causation
   • Harm
2. Homicide
   • Murder: First Degree, Second Degree
   • Manslaughter: Voluntary, Involuntary
   • Justifiable and Excusable Homicide
3. Assault and Battery
   • Simple Assault/Battery
   • Aggravated Assault/Battery
4. Sexual Offenses
   • Rape
   • Sexual Battery
   • Statutory Rape
5. Theft and Robbery
   • Petit Larceny
   • Grand Larceny
   • Robbery
   • Armed Robbery
6. Burglary and Trespass
   • Burglary
   • Home Invasion
   • Trespass
7. White Collar Crimes
   • Embezzlement
   • Fraud
   • Money Laundering
8. Inchoate Offenses
   • Attempt
   • Conspiracy
   • Solicitation
9. Defenses to Criminal Liability
   • Self-Defense
   • Insanity
   • Duress
   • Entrapment
   • Infancy
   • Intoxication
   • Necessity
10. Constitutional Protections in Criminal Law
    • Fourth Amendment (Search and Seizure)
    • Fifth Amendment (Self-incrimination, Double Jeopardy)
    • Sixth Amendment (Right to Counsel, Speedy Trial)
    • Eighth Amendment (Cruel and Unusual Punishment)

Relevant Mississippi Case Law

1. Elements of a Crime
   • Case: Smith v. State (2003)
     • Facts: Smith was charged with the murder of a store clerk during a robbery. He appealed on the grounds that the state failed to prove intent.
     • Issue: Whether the state provided sufficient evidence of mens rea to support a murder conviction.
     • Rule: Mens rea can be inferred from the circumstances surrounding the criminal act.
     • Analysis: The court considered the evidence presented, including the violent nature of the crime and Smith’s actions before and after the incident.
     • Conclusion: The court affirmed the conviction, determining that intent could be inferred from the facts.
2. Homicide
   • Case: Jones v. State (2011)
     • Facts: Jones was convicted of manslaughter after a fight in which the other party died.
     • Issue: What level of intent is required for a manslaughter conviction?
     • Rule: Manslaughter requires a lesser degree of culpability than murder; recklessness or criminal negligence is sufficient.
     • Analysis: The court evaluated Jones’ actions during the altercation, whether he could foresee the risk of death.
     • Conclusion: The conviction was upheld based on the recklessness of the defendant’s conduct.
3. Assault and Battery
   • Case: Williams v. State (2015)
     • Facts: Williams was convicted of aggravated assault for an attack with a deadly weapon.
     • Issue: What constitutes use of a “deadly weapon” under Mississippi law?
     • Rule: A deadly weapon is any item used in a way likely to produce death or serious bodily harm.
     • Analysis: The court considered whether the object used in the assault was capable of causing serious harm.
     • Conclusion: Williams’ conviction was affirmed since the object was used in a dangerous manner.
4. Theft and Robbery
   • Case: Brown v. State (2018)
     • Facts: Brown was convicted of armed robbery after taking property from a person using a gun.
     • Issue: Does the presence of a weapon automatically escalate a theft to armed robbery?
     • Rule: For a conviction of armed robbery, the defendant must use or threaten the immediate use of a deadly weapon.
     • Analysis: The court assessed whether Brown’s possession of the gun instilled fear in the victim.
     • Conclusion: The conviction stood as Brown’s actions met the criteria for armed robbery.
5. Defenses to Criminal Liability
   • Case: Thompson v. State (2012)
     • Facts: Thompson claimed self-defense after fatally shooting an intruder in his home.
     • Issue: What are the limits of the self-defense doctrine in Mississippi?
     • Rule: Self-defense is permitted when the defendant reasonably believes it is necessary to prevent death or great bodily harm.
     • Analysis: The court examined if Thompson’s belief that he was in imminent danger was reasonable.
     • Conclusion: The court ruled in favor of Thompson, finding his actions were within the bounds of self-defense.