May 18th Notes

Criminal Law
May 18, 2010


6th Amendment cases
    -litigation is limited
    -rules have been set for awhile
        -right to counsel
    -police must provide Miranda rights for each charge
    -appellate practices
        -prp personal restraint position
        -habeas corpus appeals
            -both raise constitutional defects in the trial

Culpability
-must prove a mental state for the defendant in many crimes
    -depends on the crime and nature
    -no mental elements of DUI
    -can establish it through confession and circumstantial evidence

1.Premeditation
-only in first degree murder
-consideration for more than a moment in time
-intent to kill with extra thought
-purpose to accomplish a result
2.Knowledge
-aware of facts that constitutes an offense
3.    Recklessness
-disregarding a substantial risk of harm

Accomplice Liability
-liability for conduct of another
-is presence and knowledge enough to establish culpability
    -not enough to, you have to do more
    -need participation and planning

Mental issues and defenses
-capacity
    -strictly on age when crime committed
    -7 or younger, you can not commit a crime
    -between 8-11 presumed to be incapable of committing a crime
        -can be rebutted
    -12 or older, presumable to hold them culpable
       
-competence
    -person's ability to appear in court
    -to understand and participate in the court process
   
-diminished capacity
    -at the time of the offense
    -negates ability to prove one of the elements
    -intent element, evidence of it, mental disease caused the inability

-insanity
    -McNaughton Rule

-intoxication defenses are recognized
-crimes of passion not recognized

Self Defense
-force has to be reasonable for the circumstances
-defendant does not have to be “right”
-threat has to be real

Criminal Motions
-read the rules carefully for all courts

Bail Bonds
-pay bail
-use bail bond

Arraignment
-in custody, trial in 60 days
-90 days if you are out of custody

Pretrial

Trial