1. Protected Interests: the 4th Amendment a. 4th A: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
1. A. Self-Defense p. 500-524; 525-546
1. Killing in self-defense is only allowed when its a necessity.
Response has to be proportionate.
2. Self-Defense is a complete defense.
1. 1. There must be an actual or apparent threat.
2. 2. The thre
1. B. Conspiracy p. 797-798; 801-816; 819-824
1. 1. General Principles
2. MPC - purpose to promote or facilitate.
3. Cannot conspire to commit an unintentional crime
4. In common law, you can be charged with conspiracy to commit
a crime and the crime itse
IV. Inchoate crimes (Incomplete crimes)
1. The most common offenses are: attempt, solicitation and
2. A. Attempt p. 738-765; 765-789
1. 1. Mens Rea
All crimes become specific intent when attempted:
1) Intent to commit the acts
2) Must perform
Elements of a Crime
A. Legality p. 92-113; 113-126
1. If statute is clear & unambiguous construe strictly & apply plain
meaning result can be standard outcome or absurd outcome
2. If absurd outcome then look at:
1. Judicial interpretation
C. Mens Rea p. 149-175; 175-193; 194-213
Mens Rea means a guilty mind; a guilty or wrongful purpose; a criminal
It is possible to have two mens reas for one act.
1. Culpability (broad definition, general intent) - Any morally culpable state of
1. A. General p. 235-238; skim 238-247; 247-253
1. At common law, murder was defined as the unlawful killing of another
human being with malice aforethought. Malice can be express or
2. Four states of mind:
1. Intent to kill (1ST DE
1. D. Felony Murder p. 315-318; skim 318-326; 327-345
2. Under common law it has to be an inherently dangerous felony.
1. One is guilty of murder if a death results from conduct during the
commission or attempted commission of any felony.
2. Felony murder
1. A. General skim p. 385-404
1. At common law, rape is a general-intent crime.
2. Wrongful intent is a prerequisite to a conviction of rape.
3. Unlawful sexual intercourse with a woman.
2. B. Force Requirement p. 411-422; 434-447
3. Usually fo
1. C. Duress p. 583-603
1. Three elements of the duress defense in the common law:
1. 1. An immediate threat of death or serious bodily injury.
2. 2. A well-grounded fear that the threat will be carried out.
3. 3. No reasonable opportunity to escape the t
Smith should be found guilty of conspiracy to commit second-degree murder.
Louisiana revised statute 14:26 defines criminal conspiracy as the agreement or
combination of two or more persons to commit a crime when one or more parties acts in
On Friday November 7, 2014, at 9 A.M. I went to the Orleans Parish Criminal Court
House. I observed section L, which is Judge Franz Zilbich. It was being held in section D
because section L was being used for a first-degree murder trial. The prosecutor ha