Teng crim - Outline Overview Color key Yellow questions to...

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Outline Overview Color key: Yellow – questions to be asked Aqua – areas to be filled in later I. Gray areas to argue on an exam a. Proportion of blameworthiness to charged offenses a.i. Degree of offense a.ii. Degree of punishment a.iii. Aggravation factors b. Deference to legislature c. Grammatical and structural construction of statutes d. Procedural effects of the conditions of a definition of a crime d.i. Burden of pleading d.ii. Burden of persuasion d.iii. Specific jury instructions d.iii.1. Negation of CMS effects on specific jury instruction – defense or disproving an element? II. How criminal statutes are defined and liability assigned, generally a. Burdens of proof for the various conditions in the definition of a crime b. Basic model c. Model components c.i. Act c.ii. Result c.iii. Circumstances c.iv. Specific intent d. Culpable mental state (CMS) d.i. General principles d.ii. General intent d.ii.1. Definitions d.ii.2. MPC approach d.ii.3. TPC approach d.ii.4. Penalty matters d.iii. Specific intent d.iv. Awareness of the law d.v. Strict liability offenses e. Causation f. Legislative intent – things to always look at for each crime f.i. Interests protected f.ii. Resulting invasion of interest vs. Risk of invasion of interest f.iii. Mechanism of protection f.iii.1. Elemental definition g. Merger, multiple liability, and unit of prosecution g.i. Merger g.ii. Multiple liability g.iii. Unit of prosecution g.iii.1. Definition g.iii.2. Rule of lenity g.iii.3. Single larceny rule g.iii.4. Homicide rule h. Constitutional issues
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h.i. Due process h.ii. Double jeopardy III. DWI a. Protected interests b. Traditional approach b.i. Elements b.ii. Terms of Note c. TPC approach d. Gray areas IV. Crimes against property a. Theft-type offenses a.i. Wrongfully Acquiring Property Without Permission (e.g. larceny) a.i.1. Protected interests a.i.2. Common-law larceny a.i.2.a. Elements a.i.2.b. Terms of note a.i.2.c. Other points of note a.i.2.d. Other gray areas a.i.3. TPC a.i.3.a. Elements a.i.3.b. Terms of note a.i.3.c. Other gray areas a.ii. Wrongfully Acquiring Property by Deception (e.g. larceny by false pretenses) a.ii.1. Protected interests a.ii.2. Common law a.ii.2.a. Elements a.ii.3. TPC a.ii.3.a. Elements a.ii.3.b. Terms of note a.iii. Dealing Wrongfully With Legitimately Acquired Property of Another (e.g. embezzlement) a.iii.1. Protected interests a.iii.2. Traditional approach to embezzlement (since not a common-law crime) a.iii.2.a. Elements a.iii.2.b. Points of note a.iii.3. TPC a.iii.3.a. Misapplication of fiduciary property a.iii.3.b. Theft a.iii.3.b.i. Presumption of theft by check a.iii.3.c. Joyriding b. Wrongful Destruction or Damage of Property b.i. Criminal Mischief c. Aggravated theft-type property offenses c.i. Robbery c.i.1. Protected Interests c.i.2. Traditional approach c.i.2.a. Elements c.i.2.b. Terms of note c.i.3. TPC c.i.4. Other Gray areas c.ii. Extortion c.ii.1. Protected interests
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c.ii.2. Common Law c.ii.3. Traditional approach c.ii.3.a. Elements c.ii.3.b. Terms of note c.ii.4. TPC c.ii.4.a. Elements c.ii.4.b. Terms of note c.ii.5.
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  • Spring '12
  • WHITE
  • Law, criminal law, intent, Tpc, gray areas, culpable mental state

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