Welcome to Law School Notes
Explore a collection of notes on Criminal Law.
Highlights
- Introduction to Criminal Law
- Criminal Defenses
- Punishment and Sentencing
Lecture 1
This lecture introduces the foundational principles of criminal law. It distinguishes criminal law from civil law, highlighting that criminal law concerns offenses against society, prosecuted by the government, with punishments aiming at deterrence, retribution, rehabilitation, and public safety. The lecture then details the core elements of a crime: actus reus (the guilty act) and mens rea (the guilty mind), emphasizing the requirement of concurrence between them and the importance of causation. Finally, it classifies crimes into felonies and misdemeanors, and introduces inchoate offenses (attempts, conspiracies, and solicitations) as actions demonstrating criminal intent.
Lecture 2
This lecture excerpt introduces the core concepts of criminal defenses, categorizing them into justification, excuse, and procedural defenses. Justification defenses, such as self-defense, argue that the act, while criminal, was legally permissible given the circumstances, emphasizing the reasonableness and proportionality of the response to the threat. Excuse defenses, including insanity and duress, acknowledge the illegality of the act but contend the defendant shouldn't be held fully responsible due to mitigating factors like mental illness or coercion. Finally, procedural defenses, like entrapment or the statute of limitations, challenge the fairness and legality of the prosecution itself. The lecture uses the People v. Goetz case to illustrate the complexities of self-defense claims, highlighting the need to balance subjective fear with objective reasonableness. The overall purpose is to provide a foundational understanding of the diverse strategies employed by defendants to challenge criminal liability.
Lecture 3
This lecture comprehensively examines the theories and practices of punishment and sentencing within the criminal justice system. It begins by outlining core theories of punishment, including retribution, deterrence, rehabilitation, and incapacitation, exploring their philosophical underpinnings and practical applications. The lecture then details various types of punishment, such as fines, probation, imprisonment, and the death penalty, analyzing their effectiveness and societal impact. Furthermore, it discusses the role of sentencing guidelines, including mandatory minimums and discretionary sentencing, alongside the controversial three-strikes laws. Finally, it introduces restorative justice as an alternative approach emphasizing healing and reconciliation. The overall purpose is to provide a nuanced understanding of the complexities and ethical considerations inherent in the punishment and sentencing process.