🎙️Criminal Law Final Review: Elements, Offenses & Defenses Recap – What to Know for the Exam

In this episode, we review the essentials of Criminal Law — from core principles to major defenses — to help you ace your final.

Part 1 – Foundations of Criminal Law

• Felonies vs. Misdemeanors: Based on possible sentence length.
• Sources: Common law, statutes, and the MPC.
• Limits:
  • Rule of Lenity – ambiguity favors defendant.
  • Ex Post Facto – no retroactive punishment.
• Purposes of Punishment: Deterrence, Retribution, Rehabilitation, Incapacitation.

Part 2 – Core Elements of Crime

• Actus Reus: Voluntary act or omission with legal duty.
• Mens Rea: Guilty mind — purposely, knowingly, recklessly, negligently.
• Strict Liability: No intent required (e.g., statutory rape).
• Mistakes:
  • Fact = may negate intent.
  • Law = generally no defense.
     📍 TN follows MPC intent standards.

Part 3 – Major Crimes

• Homicide:
  • CL – malice aforethought.
  • MPC – by intent level.
  • 📍 TN – 1st (premeditated), 2nd (knowing), Manslaughter (heat of passion).
• Rape: Non-consensual penetration; aggravated with weapon or injury.
• Theft/Robbery/Burglary: Unlawful taking → with force → with entry + intent.
• Assault: Attempted battery or reasonable fear; aggravated with weapon or serious injury.

Part 4 – Inchoate Offenses

• Solicitation: Urging another to commit crime.
• Conspiracy: Agreement + overt act.
• Attempt: Intent + substantial step.
  🧠 MPC merges inchoate crimes; CL often does not.

Part 5 – Defenses

• Duress: Coerced by imminent threat (not for murder).
• Necessity: Prevents greater harm.
• Self-Defense: Reasonable belief of imminent unlawful force.
• Insanity: M’Naghten Rule — didn’t know act was wrong.
  📍 TN uses M’Naghten standard.

🎯 Takeaway:
Criminal Law = Act + Intent + Causation − Defense.
Spot the elements, apply the right intent, and test each defense.

🎧 Listen to The American Law Café for more exam-ready recaps.

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 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.