Title: Texas Law School 1L Study Guide for Criminal Law
I. Introduction to Criminal Law
Criminal law refers to a body of laws that relate to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people.
II. Elements of a Crime
A crime involves an actus reus (guilty act), mens rea (guilty mind), and concurrence of the two.
III. Actus Reus
Actus Reus refers to the physical act or unlawful omission by the defendant. This can be a voluntary act or, in certain cases, a failure to act.
IV. Mens Rea
Mens Rea, the mental aspect of a crime, varies based on the offense. It can range from negligence to intent.
V. Homicide
Homicide involves the killing of a human being by another human being. Texas law divides homicide into murder, capital murder, manslaughter, and criminally negligent homicide.
Case: State v. Smith
Issue: Did Smith possess the requisite mens rea for homicide?
Rule: For a conviction under Texas law, the prosecution must prove the defendant intentionally or knowingly caused the death.
Application: Given Smith’s actions and statements leading up to the event, the court held that he had the intent required for a conviction.
Conclusion: Smith was guilty of homicide.
VI. Assault
Assault in Texas involves intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse. It also incorporates threats or offensive physical contact.
VII. Theft
Theft involves unlawfully appropriating property with the intent to deprive the owner of the property.
VIII. Robbery
Robbery involves theft with the additional element of causing bodily injury or threatening to cause imminent bodily harm or death.
IX. Defenses
Common defenses include self-defense, duress, insanity, and necessity. Texas law follows the M’Naghten rule for insanity defenses.
X. Conspiracy
Conspiracy involves an agreement between two or more parties to commit a crime.
XI. Criminal Attempt
A criminal attempt involves performing an act amounting to more than mere preparation that tends but fails to achieve a criminal result.
XII. Criminal Solicitation
Criminal solicitation involves attempting to get another person to commit a capital felony or crime of the first degree.
XIII. Inchoate Offenses
Inchoate offenses involve taking steps toward committing a crime but not completing the crime itself. These include criminal attempt, solicitation, and conspiracy.
XIV. Criminal Responsibility
Criminal responsibility pertains to the defendant’s state of mind or intent at the time of the crime.
XV. Sentencing and Punishment
Sentencing varies based on the crime, with Texas law setting penalties based on the classification of the offense.
XVI. Appeal and Post-Conviction Relief
Appeals can be based on legal or factual errors, while post-conviction relief can involve claims such as ineffective assistance of counsel.
To prepare for a final exam, understand these key concepts, review case law, and be able to apply these principles to factual scenarios. Remember to use the IRAC method when analyzing hypothetical situations.