Connecticut Law School 1L Study Guide for Criminal Law
I. INTRODUCTION TO CRIMINAL LAW
– The Purpose of Criminal Law: Protecting society by deterring conduct deemed dangerous or harmful.
– Sources of Criminal Law: Statutes (mainly), common law, the United States Constitution, and the Connecticut Constitution.
II. THE CONNECTICUT PENAL CODE
– Overview: Understand the structure and application of the Connecticut General Statutes concerning criminal offenses.
– Specificity of Statutes: Statutes must clearly define the prohibited conduct and punishment to prevent vagueness and ensure due process.
III. ELEMENTS OF A CRIME
A. Actus Reus (Guilty Act)
– The physical or affirmative act that constitutes a crime.
– Omissions: Situations where failing to act could be criminal.
– Possession offenses: Constructive vs. actual possession.
B. Mens Rea (Guilty Mind)
– The mental state reflecting culpability.
– Types: Intent, knowledge, recklessness, and negligence.
– Model Penal Code (MPC) Categorization: Purpose, knowledge, recklessness, and negligence.
C. Causation
– Factual Causation: “But for” test.
– Proximate Causation: Foreseeable and directly related to harm.
D. Concurrence
– The act and mental state must coincide.
IV. HOMICIDE
– Murder: Intentional killing with malice aforethought.
– Manslaughter: Killing without malice, often divided into voluntary and involuntary.
– Connecticut-Specific Laws: Statutory definitions for murder (e.g., CGS § 53a-54a), manslaughter (e.g., CGS § 53a-55), and other homicide-related offenses.
V. SEXUAL OFFENSES
– Understanding the statutory requirements for rape and sexual assault in Connecticut (e.g., CGS § 53a-70, CGS § 53a-71).
– Consent and its implications on sexual offense charges.
VI. THEFT AND PROPERTY CRIMES
– Larceny: The unlawful taking and carrying away of someone else’s property with the intent to permanently deprive them of it (e.g., CGS § 53a-119).
– Burglary: Unlawful entry into a structure with intent to commit a crime (e.g., CGS § 53a-101).
– Robbery: Larceny combined with the use of force or threat of force (e.g., CGS § 53a-133).
VII. INCHOATE OFFENSES
– Attempt: An act done with the intent to commit a crime that falls short of completing the crime.
– Solicitation: Requesting, encouraging, or commanding another person to commit a crime.
– Conspiracy: An agreement between two or more people to commit a criminal act.
VIII. DEFENSES TO CRIMINAL LIABILITY
A. Justification Defenses
– Self-Defense: Defending oneself or another from imminent harm.
– Defense of Others: Similar to self-defense, but in the protection of another person.
– Defense of Property: Using reasonable force to protect property.
– Necessity: Choosing the lesser of two evils to prevent a greater harm.
B. Excuse Defenses
– Duress: Committing a crime to avoid a threat of imminent harm.
– Insanity: Lacking the mental capacity to understand the wrongfulness of the act or to conform one’s conduct to the law.
– Intoxication: Can negate the necessary mens rea for specific intent crimes.
– Infancy: Children under a certain age are presumed incapable of forming the requisite mens rea for crimes.
IX. PARTIES TO CRIME
– Principals: Those who directly engage in the act constituting the offense.
– Accomplices: Those who aid, abet, or encourage the principal and share the intent to commit the crime.
– Accessory After the Fact: Someone who assists another knowing that they have committed a crime, to help them evade arrest or punishment.
X. CRIMINAL PROCEDURE OVERVIEW
– Fourth Amendment: Search and seizure laws, including Connecticut-specific jurisprudence.
– Fifth Amendment: Miranda rights and self-incrimination.
– Sixth Amendment: Right to a speedy trial, public trial, impartial jury, notice of the nature and cause of the accusation, confrontation of witnesses, compulsory process for obtaining witnesses in one’s favor, and assistance of counsel.
XI. CASE LAW IN IRAC FORMAT
Example: State v. Smith
– Issue: Whether Smith’s conviction for burglary was appropriate given the evidence presented at trial.
– Rule: Under Connecticut law, burglary requires unauthorized entry into a building with intent to commit a crime therein.
– Analysis: The court examined the evidence of Smith’s entry and intent. Testimony indicated Smith entered through an unlocked door and stole jewelry.
– Conclusion: Smith’s actions met the elements of burglary as defined by Connecticut statute, and thus the conviction was upheld.
XII. REVIEW AND PRACTICE
– Practice applying statutes and case law to hypothetical fact patterns.
– Review past Connecticut bar examination questions related to criminal law.
– Engage in group discussions and study sessions to test understanding of key concepts.
XIII. ETHICAL CONSIDERATIONS
– Prosecutorial Discretion: The power of prosecutors to decide which cases to pursue.
– Defense Obligations: Ethical duties of defense attorneys, including zealous representation and attorney-client privilege.
XIV. STUDY TIPS
– Create outlines based on this guide for each topic.
– Attend review sessions and seek clarification on complex topics.
– Practice writing out answers to hypotheticals and review model answers.
This study guide provides a general overview of key concepts in criminal law, tailored to Connecticut statutes and case law. Students should supplement this guide with class notes, textbooks, and additional cases to ensure a comprehensive understanding of the subject.