Week-by-Week Schedule
Actus Reus and Voluntary Act Requirement
Week 1 of 14
Readings
Model Penal Code § 2.01; Martin v. State, 17 So.2d 427 (Ala. Ct. App. 1944); People v. Newton, 8 Cal.App.3d 359 (1970); Casebook Ch. 1-2
Key Concepts to Master
- Actus reus: voluntary act or omission where duty exists
- Voluntary act requirement under common law and MPC
- Omission liability: statutory duty, status relationship, contractual duty, creation of peril, voluntary assumption of care
- Possession as an act (knowing possession)
- Status crimes and the Eighth Amendment (Robinson v. California)
Study Tasks
- Brief Martin v. State and analyze the voluntary act issue
- Create a chart of situations giving rise to omission liability
- Compare common law and MPC approaches to the voluntary act requirement
- Create flashcards for the five sources of duty to act
Mens Rea: Mental States and Strict Liability
Week 2 of 14
Readings
Model Penal Code § 2.02; United States v. Cordoba-Hincapie, 825 F.Supp. 485 (E.D.N.Y. 1993); Morissette v. United States, 342 U.S. 246 (1952); Staples v. United States, 511 U.S. 600 (1994); Casebook Ch. 3
Key Concepts to Master
- MPC hierarchy: purposely, knowingly, recklessly, negligently
- Common law mens rea: specific intent vs. general intent
- Willful blindness / deliberate ignorance doctrine
- Strict liability offenses and their constitutional limits
- Mistake of fact: specific intent (any honest mistake) vs. general intent (reasonable mistake)
- Mistake of law: general rule of no defense and its exceptions
Study Tasks
- Brief Morissette v. United States on the presumption against strict liability
- Create a comparison chart: MPC mental states vs. common law mental states
- Practice matching mental states to hypothetical fact patterns
- Create flashcards for each MPC mental state with examples
Homicide: Murder and the Degrees of Murder
Week 3 of 14
Readings
Model Penal Code § 210.1-210.2; People v. Anderson, 70 Cal.2d 15 (1968); Midgett v. State, 729 S.W.2d 410 (Ark. 1987); Casebook Ch. 5
Key Concepts to Master
- Common law murder: unlawful killing with malice aforethought
- Four types of malice: intent to kill, intent to cause grave bodily harm, depraved heart, felony murder
- First-degree murder: premeditation and deliberation
- Anderson three-factor test: planning, motive, manner of killing
- MPC approach: purpose or knowledge, or extreme recklessness manifesting extreme indifference
Study Tasks
- Brief People v. Anderson and apply the three-factor premeditation test
- Create a hierarchy chart of homicide offenses from first-degree murder to involuntary manslaughter
- Write a practice essay distinguishing premeditated murder from depraved heart murder
- Create flashcards for the four types of common law malice
Manslaughter: Voluntary and Involuntary
Week 4 of 14
Readings
Model Penal Code § 210.3; People v. Berry, 18 Cal.3d 509 (1976); Commonwealth v. Welansky, 316 Mass. 383 (1944); Casebook Ch. 5-6
Key Concepts to Master
- Voluntary manslaughter: heat of passion / adequate provocation
- Common law provocation requirements: adequate provocation, actual heat of passion, no cooling off, causal connection
- MPC extreme mental or emotional disturbance (EMED) — broader than common law provocation
- Involuntary manslaughter: criminal negligence / recklessness
- Misdemeanor manslaughter rule (unlawful act doctrine)
- Distinguishing reckless murder (depraved heart) from reckless manslaughter
Study Tasks
- Brief People v. Berry and analyze the provocation defense
- Brief Commonwealth v. Welansky and distinguish criminal negligence from civil negligence
- Compare common law provocation with MPC EMED defense
- Create flashcards for the elements of voluntary and involuntary manslaughter
Felony Murder and Causation
Week 5 of 14
Readings
Model Penal Code § 210.2(1)(b); People v. Stamp, 2 Cal.App.3d 203 (1969); People v. Acosta, 284 Cal.Rptr. 117 (1991); Casebook Ch. 6-7
Key Concepts to Master
- Felony murder rule: killing during or in furtherance of a dangerous felony
- Inherently dangerous felony limitation (abstract vs. facts-of-the-case approach)
- Merger doctrine: felony must be independent of the killing
- Agency theory vs. proximate cause theory for co-felon deaths
- Actual cause (but-for) and proximate cause in criminal law
- Year-and-a-day rule (modern status)
Study Tasks
- Brief People v. Stamp on the scope of felony murder
- Create a flowchart for felony murder analysis including all limitations
- Write a practice essay on whether a getaway driver is guilty of felony murder
- Create flashcards for the merger doctrine and inherently dangerous felony tests
Rape, Sexual Assault, and Assault/Battery
Week 6 of 14
Readings
Model Penal Code § 213; People v. Barnes, 42 Cal.3d 284 (1986); In re M.T.S., 129 N.J. 422 (1992); Casebook Ch. 8
Key Concepts to Master
- Common law rape: unlawful sexual intercourse by force or threat without consent
- Evolution from resistance requirement to affirmative consent
- Statutory rape: strict liability as to age
- Modern assault: attempted battery vs. threatening conduct
- Aggravated assault: deadly weapon, serious injury, or specific victim
- MPC approach to sexual offenses and its criticisms
Study Tasks
- Brief In re M.T.S. and analyze the consent-based approach
- Create a timeline of the evolution of rape law reform
- Compare traditional force-based standards with modern consent-based standards
- Create flashcards for assault and battery elements (criminal vs. tort)
Theft Offenses: Larceny, Embezzlement, False Pretenses, and Robbery
Week 7 of 14
Readings
Model Penal Code § 223; Topolewski v. State, 130 Wis. 244 (1906); People v. Brown, 105 Cal. 66 (1894); Casebook Ch. 9
Key Concepts to Master
- Larceny: trespassory taking and carrying away of personal property with intent to permanently deprive
- Continuing trespass doctrine and larceny by trick
- Embezzlement: fraudulent conversion by one in lawful possession
- False pretenses: obtaining title through false representation of material fact
- Robbery: larceny from the person by force or threat of force
- MPC consolidated theft: merging all theft offenses
Study Tasks
- Create a comparison chart distinguishing larceny, embezzlement, false pretenses, and larceny by trick
- Brief Topolewski v. State on the trespassory taking requirement
- Practice a hypothetical fact pattern requiring you to identify the correct theft offense
- Create flashcards for each theft offense and its distinguishing elements
Burglary, Arson, and Other Property Crimes
Week 8 of 14
Readings
Model Penal Code §§ 220-221; Casebook Ch. 10
Key Concepts to Master
- Common law burglary: breaking and entering the dwelling of another at nighttime with intent to commit a felony therein
- Modern burglary statutes: expanded to all structures, any time
- Arson: malicious burning of a dwelling (common law) or any structure (modern)
- Criminal mischief and vandalism
- Receiving stolen property: knowledge that property is stolen
- Identity theft and computer crimes (modern statutory offenses)
Study Tasks
- Compare common law burglary elements with modern statutory definitions
- Create a chart of property crime elements and their mental state requirements
- Write a practice essay on whether entering through an unlocked door constitutes breaking
- Create flashcards for burglary and arson elements (common law vs. modern)
Attempt and Solicitation
Week 9 of 14
Readings
Model Penal Code §§ 5.01-5.02; People v. Murray, 14 Cal. 159 (1859); People v. Rizzo, 246 N.Y. 334 (1927); United States v. Jackson, 560 F.2d 112 (2d Cir. 1977); Casebook Ch. 11
Key Concepts to Master
- Attempt: specific intent plus a substantial step (MPC) or proximity to completion (common law)
- Tests for attempt: last act, dangerous proximity, res ipsa loquitur, MPC substantial step
- Impossibility: factual (not a defense) vs. legal (defense at common law, not under MPC)
- Abandonment/renunciation as a defense to attempt
- Solicitation: asking another to commit a crime with intent it be committed
- Merger: solicitation merges into conspiracy or completed offense
Study Tasks
- Brief People v. Rizzo and apply both the proximity test and the MPC substantial step test
- Create a comparison chart of the different attempt tests
- Practice a hypothetical on factual vs. legal impossibility
- Create flashcards for inchoate offense elements
Conspiracy
Week 10 of 14
Readings
Model Penal Code § 5.03; Pinkerton v. United States, 328 U.S. 640 (1946); People v. Lauria, 251 Cal.App.2d 471 (1967); Casebook Ch. 11-12
Key Concepts to Master
- Conspiracy: agreement between two or more persons to commit an unlawful act plus (in most jurisdictions) an overt act
- Bilateral (common law) vs. unilateral (MPC) conspiracy
- Pinkerton liability: co-conspirator liability for foreseeable crimes in furtherance
- Wharton's Rule: no conspiracy where the crime requires concerted action
- Withdrawal from conspiracy: requires affirmative act and communication
- Co-conspirator hearsay exception (FRE 801(d)(2)(E))
Study Tasks
- Brief Pinkerton v. United States and explain the scope of co-conspirator liability
- Brief People v. Lauria on the knowledge vs. purpose distinction
- Create a flowchart for conspiracy analysis from agreement through withdrawal
- Create flashcards for conspiracy elements and the Pinkerton doctrine
Accomplice Liability
Week 11 of 14
Readings
Model Penal Code § 2.06; State v. Gladstone, 78 Wash.2d 306 (1970); People v. Luparello, 187 Cal.App.3d 410 (1987); Casebook Ch. 12
Key Concepts to Master
- Common law parties: principal in the first degree, second degree, accessory before and after the fact
- Modern accomplice liability: aiding, abetting, encouraging, or facilitating with intent
- Natural and probable consequences doctrine (and its recent limitations)
- Accessory after the fact: separate, lesser offense
- Liability for crimes beyond the planned offense
- Withdrawal from accomplice liability before the crime
Study Tasks
- Brief State v. Gladstone on the requirement of purposeful assistance
- Compare Pinkerton conspiracy liability with accomplice liability
- Create a chart of the common law parties and their modern equivalents
- Create flashcards for accomplice liability elements under both common law and MPC
Justification Defenses: Self-Defense, Defense of Others, and Necessity
Week 12 of 14
Readings
Model Penal Code §§ 3.02-3.09; People v. Goetz, 68 N.Y.2d 96 (1986); State v. Norman, 324 N.C. 253 (1989); Casebook Ch. 13
Key Concepts to Master
- Self-defense: reasonable belief of imminent unlawful force
- Proportionality: deadly force only against threat of death or serious bodily harm
- Duty to retreat vs. stand your ground (Castle Doctrine)
- Imperfect self-defense: honest but unreasonable belief (reduces to manslaughter)
- Defense of others: reasonable belief standard
- Necessity/choice of evils: lesser harm to prevent greater harm
Study Tasks
- Brief People v. Goetz and analyze the objective vs. subjective standards for self-defense
- Brief State v. Norman on battered spouse syndrome and imminence
- Create a flowchart for self-defense analysis
- Create flashcards for justification defenses and their elements
Excuse Defenses: Insanity, Intoxication, Duress, and Entrapment
Week 13 of 14
Readings
Model Penal Code §§ 2.08-2.09, 4.01; M'Naghten's Case (1843); Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954); United States v. Lyons, 731 F.2d 243 (5th Cir. 1984); Casebook Ch. 14
Key Concepts to Master
- Insanity tests: M'Naghten (right/wrong), irresistible impulse, Durham (product test), MPC (substantial capacity)
- Voluntary intoxication: defense to specific intent crimes only
- Involuntary intoxication: treated like insanity
- Duress: unlawful threat of imminent death or serious bodily harm (not available for murder)
- Entrapment: subjective (predisposition) vs. objective (government conduct) tests
- Diminished capacity and its varying acceptance across jurisdictions
Study Tasks
- Create a comparison chart of all four insanity tests
- Brief M'Naghten's Case and identify the elements of the right/wrong test
- Practice a hypothetical analyzing voluntary intoxication for a specific intent crime
- Create flashcards for excuse defenses and their elements
Review and Exam Preparation
Week 14 of 14
Readings
Review all major cases; MPC provisions; class notes and outlines
Key Concepts to Master
- Issue-spotting across homicide, theft, inchoate crimes, and defenses
- Applying MPC vs. common law frameworks in parallel
- Integrating defenses into every criminal law analysis
- Multi-party liability analysis (accomplice + conspiracy + substantive crimes)
- Writing organized criminal law essays under time pressure
Study Tasks
- Complete a full practice exam under timed conditions
- Create a comprehensive one-page attack outline for criminal law
- Review and consolidate all flashcard decks
- Identify your three weakest areas and re-read those cases and MPC provisions
- Practice explaining the differences between common law and MPC approaches to a study partner