North Carolina Law School 1L Study Guide for Criminal Law

North Carolina Law School 1L Study Guide for Criminal Law

I. Introduction to Criminal Law

• Purpose and Functions of Criminal Law: Understand the goals of criminal law including deterrence, retribution, rehabilitation, and incapacitation. Recognize the role of criminal law in maintaining public order and enforcing societal norms.
• Classification of Crimes: Distinguish between felonies, misdemeanors, and infractions. Comprehend the significance of this classification in terms of punishment and procedure under North Carolina General Statutes.

II. Elements of a Crime

• Actus Reus (Criminal Act): Grasp the concept that a voluntary act or an omission where there is a legal duty to act, is necessary for criminal liability.
• Mens Rea (Criminal Intent): Understand the different states of mind required for different offenses: purpose, knowledge, recklessness, and negligence. Know the Model Penal Code’s approach, though North Carolina primarily uses common law mens rea terms.
• Strict Liability Crimes: Recognize offenses where mens rea is not required and the implications this has on justice and public policy.

III. Homicide

• Murder: Learn the distinctions between first-degree murder (premeditated and deliberate) and second-degree murder (all other kinds of murder) under North Carolina law.
• Voluntary Manslaughter: Understand the elements of a killing in the heat of passion upon sufficient provocation.
• Involuntary Manslaughter: Comprehend cases involving unintentional killing as a result of a criminally negligent act or during the commission of an unlawful act that does not amount to a felony.

IV. Rape and Sexual Assault

• Statutory Definitions: Study the specific definitions and elements of rape and sexual assault under North Carolina law.
• Consent: Know the role and definition of consent in sexual assault cases, and the legal implications of the absence of consent.
• Recent Developments: Be aware of changes in the law, especially any updates concerning affirmative consent and related issues.

V. Inchoate Crimes

• Attempt: Understand the requirements for criminal attempt, including the actus reus of a substantial step towards commission of a crime, and the mens rea of intent to commit the crime.
• Conspiracy: Learn the elements of conspiracy, including an agreement to commit a crime and an overt act in furtherance of that crime, and North Carolina’s specific requirements for conspiracy charges.
• Solicitation: Comprehend the crime of solicitation as the act of requesting or encouraging another person to engage in criminal conduct.

VI. Accomplice Liability

• Principals and Accessories: Know the differences between a principal (who directly commits the crime) and an accessory (who assists in the commission of the crime) under North Carolina law.
• Actus Reus and Mens Rea of Accompliceship: Understand the act and intent requirements for being considered an accessory to a crime.

VII. Defenses to Criminal Liability

• Insanity: Study the tests for insanity, including the M’Naghten Rule, which may be used in North Carolina.
• Intoxication: Learn the limited circumstances under which voluntary and involuntary intoxication are defenses.
• Self-Defense: Understand the requirements for claiming self-defense, particularly the imminence of harm, proportionality of force, and duty to retreat (or lack thereof in North Carolina under the “stand your ground” law).
• Necessity and Duress: Know the circumstances when these defenses can be used to excuse criminal conduct.

VIII. Case Law

Review and analyze key cases using the IRAC (Issue, Rule, Analysis, Conclusion) format:

• State v. Mann (1829) – A seminal North Carolina case regarding the actus reus required for criminal liability and the extent of lawful discipline.
• State v. Golphin (1998) – An important case for understanding the application of the death penalty in North Carolina and the factors that may mitigate or aggravate a sentence.
• State v. Norman (1989) – A case exploring the defense of self-defense and the circumstances under which it can be raised, particularly in the context of domestic violence.

IX. Constitutional Issues

• Fourth Amendment: Know the protections against unreasonable searches and seizures and their application in criminal law, including the exclusionary rule and its exceptions.
• Fifth Amendment: Understand the right against self-incrimination, Miranda rights, and the implications for custodial interrogation.
• Sixth Amendment: Comprehend the rights to a speedy trial, public trial, impartial jury, and to confront witnesses.
• Eighth Amendment: Review the prohibitions against cruel and unusual punishment, and the evolving interpretations in the context of the death penalty and life sentences.

X. North Carolina Specifics

• North Carolina General Statutes: Familiarize yourself with key statutes from the North Carolina General Statutes that pertain to criminal law.
• North Carolina Structured Sentencing Act: Understand the structured sentencing guidelines for felonies and misdemeanors, including the use of prior record level and offense classification.
• Case Law Interpretations: Recognize how North Carolina courts have interpreted and applied criminal laws, including any unique positions that diverge from other jurisdictions.

XI. Review and Practice

• Engage in hypotheticals and past exam questions to apply legal principles and reasoning.
• Practice identifying relevant issues and applying the rules of law to various fact patterns.
• Create outlines and flashcards to memorize key concepts, definitions, and case holdings.

This study guide serves as a broad overview of the topics covered in a 1L Criminal Law course with a focus on North Carolina law. It is important to supplement this guide with readings from the assigned textbook, class notes, and statutory materials. Engage actively in class discussions and seek clarification from professors when necessary.