Delaware Law School 1L Study Guide for Criminal Law

Actus Reus (Guilty Act)

• Definition: A voluntary physical act, an omission to act, or a state of being that is prohibited by law.
• Relevant Delaware Law: Title 11, Section 231 of the Delaware Code states that a person is guilty of an offense only if it is a result of voluntary conduct.

Mens Rea (Guilty Mind)

• Definition: The state of mind that the prosecution must prove that a defendant had when committing a crime.
• Relevant Concepts: Intentionally, knowingly, recklessly, negligently.
• Relevant Delaware Law: Title 11, Sections 231 and 251 of the Delaware Code outlines the required mental states.

Strict Liability Offenses

• Definition: Offenses that do not require mens rea regarding at least one element of the actus reus.
• Relevant Delaware Law: Examples include statutory rape and traffic violations.

Homicide

• Definition: The unlawful killing of another person.
• Relevant Delaware Law: Delaware classifies homicide into varying degrees including murder first degree, murder second degree, manslaughter, and negligent homicide (Title 11, Chapter 5 of the Delaware Code).

Murder First Degree

• Relevant Delaware Case Law:
  • Case: State v. Cohen (Del. 2000)
  • IRAC:
  • Issue: Whether premeditation and deliberation were present to qualify for first degree murder.
  • Rule: Under Delaware law, first degree murder requires the unlawful killing of a person with intent and premeditation.
  • Analysis: Evidence of planning and a predetermined motive to kill were present indicating premeditation and deliberation.
  • Conclusion: The court upheld the first degree murder conviction.

Murder Second Degree

• Relevant Delaware Law: Intentional but not premeditated killings fall under second degree murder.

Manslaughter

• Relevant Delaware Law: A lesser homicide charge involving recklessness or sudden heat of passion.

Negligent Homicide

• Relevant Delaware Law: Causing the death of another through negligent conduct.

Assault and Battery

• Definition:
  • Assault: An attempt to cause physical injury to another; causing physical injury intentionally, knowingly or recklessly.
  • Battery: The physical contact with another person with intent to cause injury or offensive contact.
• Relevant Delaware Law: Title 11, Chapter 6 of the Delaware Code discusses assault and related offenses.

Rape and Sexual Assault

• Definition: Non-consensual sexual intercourse or sexual conduct.
• Relevant Delaware Law: Title 11, Chapter 5 outlines the degrees of sexual offenses.

Theft and Robbery

• Definition:
  • Theft: Unlawfully taking or exercising control over property of another with intent to deprive them of it.
  • Robbery: Theft involving violence or the threat of violence.
• Relevant Delaware Law: Title 11, Chapter 5 for robbery and Chapter 8 for theft.

Defenses

Justification and Excuse

• Justification: Argues that the actions were right under the circumstances (e.g., self-defense).
• Excuse: Argues that the defendant should not be held fully responsible due to circumstances (e.g., insanity, duress).

Self-Defense

• Relevant Delaware Law: Delaware follows the traditional common law self-defense rules, including the duty to retreat if safe to do so, except in one’s home (Castle Doctrine).

Insanity

• Relevant Delaware Law: Follows the M’Naghten Rule, which requires proving that the defendant did not understand the nature and quality of the act or did not know it was wrong.

Duress

• Relevant Delaware Law: A defense that the defendant was forced to commit a crime under threat of imminent harm.

Entrapment

• Relevant Delaware Law: Entrapment occurs when law enforcement induces a person to commit a crime that they would not have otherwise committed.

Procedure

Fourth Amendment Search and Seizure

• Relevant Concepts: Protection against unreasonable searches and seizures; warrants based on probable cause.
• Relevant Delaware Case Law:
  • Case: Jones v. Delaware (Del. 2006)
  • IRAC:
  • Issue: Whether the search was conducted with a valid warrant and probable cause.
  • Rule: The Fourth Amendment requires that searches be conducted with a warrant supported by probable cause.
  • Analysis: The police had a detailed affidavit supporting the issuance of the warrant.
  • Conclusion: The search was upheld as constitutional.

Fifth Amendment Rights

• Relevant Concepts: Protection against self-incrimination; Miranda rights.
• Relevant Delaware Law: Delaware has codified these rights in conformity with the U.S. Constitution.

Sixth Amendment Rights

• Relevant Concepts: The right to a speedy trial, public trial, an impartial jury, to confront witnesses, and to have assistance of counsel.
• Relevant Delaware Law: These rights are ensured by the Delaware Constitution and the Delaware Rules of Criminal Procedure.

Conclusion

This study guide presents an overview of the main concepts in a 1L Criminal Law course, focusing specifically on Delaware law. It is important to delve deeper into each topic, scrutinize the relevant statutes, and analyze additional case law to develop a thorough understanding of Delaware’s criminal law principles in preparation for a final semester exam.