1 00:00:00,040 --> 00:00:02,360 All right, law students, let's dive into criminal law. 2 00:00:02,520 --> 00:00:05,440 Yeah, it's a big one, right? Huge, especially with the bar 3 00:00:05,440 --> 00:00:06,200 exam coming. Up. 4 00:00:06,200 --> 00:00:08,160 It's one of those subjects. Lots to cover. 5 00:00:08,520 --> 00:00:10,800 But don't worry, this deep dive is going to help you out. 6 00:00:10,800 --> 00:00:13,440 Definitely, we'll break it down. More than just memorizing 7 00:00:13,440 --> 00:00:15,600 definitions. Exactly understanding how it all 8 00:00:15,600 --> 00:00:18,720 works. Real life examples, exam tips, 9 00:00:19,280 --> 00:00:21,840 you know the good stuff. The stuff that gets you points, 10 00:00:21,840 --> 00:00:24,040 yeah. So grab those notes. 11 00:00:24,520 --> 00:00:27,000 Practice questions. And let's get started. 12 00:00:27,200 --> 00:00:30,400 First up, the foundation. The essentials. 13 00:00:30,400 --> 00:00:34,360 Actus Reus and Mens Rea. Ah, the dynamic duo. 14 00:00:34,360 --> 00:00:35,920 You got to know these inside now. 15 00:00:36,000 --> 00:00:37,960 They're the heart of criminal liability. 16 00:00:37,960 --> 00:00:40,720 OK, so actus Reus. That's the guilty act. 17 00:00:41,240 --> 00:00:43,200 But it's not just any action, right? 18 00:00:43,360 --> 00:00:46,200 No, it has to be volunteer. So like if I trip and 19 00:00:46,200 --> 00:00:48,480 accidentally bump into someone. Then they get hurt. 20 00:00:48,880 --> 00:00:51,760 No, that's not a crime. Clumsy, not criminal, right? 21 00:00:51,760 --> 00:00:54,360 Exactly. The law's not about punishing 22 00:00:54,360 --> 00:00:55,880 accidents. OK, makes sense. 23 00:00:55,880 --> 00:00:58,240 But then you've got omissions, failures to act. 24 00:00:58,560 --> 00:01:01,960 Like if you see someone in danger and you don't help. 25 00:01:02,280 --> 00:01:05,519 Well, generally you're not obligated to be a hero. 26 00:01:05,760 --> 00:01:08,800 Unless there's a legal duty. Right, like a parent's duty to 27 00:01:08,800 --> 00:01:11,440 their child. So if a parent doesn't feed 28 00:01:11,440 --> 00:01:14,600 their child. And the child suffers harm that 29 00:01:14,680 --> 00:01:17,040 inaction. Becomes actus Reus because of 30 00:01:17,040 --> 00:01:18,200 that duty. Exactly. 31 00:01:18,200 --> 00:01:21,360 It's about more than just doing something bad. 32 00:01:21,720 --> 00:01:24,360 It's about failing to do something you're obligated to 33 00:01:24,360 --> 00:01:25,560 do. You got it. 34 00:01:26,200 --> 00:01:28,080 OK, so we've got the guilty act down. 35 00:01:28,160 --> 00:01:31,560 Now for the guilty mind Mens Rea. 36 00:01:32,160 --> 00:01:34,000 This is where things get a little more. 37 00:01:34,160 --> 00:01:36,680 I don't know psychological. Yeah, it's about the mental 38 00:01:36,680 --> 00:01:38,920 state. Were they acting intentionally, 39 00:01:39,200 --> 00:01:41,800 recklessly, negligently? All those different shades of 40 00:01:41,800 --> 00:01:43,800 culpability. And the level of men's ray 41 00:01:43,840 --> 00:01:47,600 affects the crime Absolutely. So borrowing my roommate's car 42 00:01:47,600 --> 00:01:50,320 without asking. Versus stealing it to sell for 43 00:01:50,320 --> 00:01:52,320 profit. Very different intentions, very 44 00:01:52,320 --> 00:01:54,240 different crimes. Huge difference, yeah. 45 00:01:54,360 --> 00:01:57,240 OK, so intent is key. Definitely a major factor. 46 00:01:57,240 --> 00:02:00,120 But what about those situations where like, you didn't mean to 47 00:02:00,120 --> 00:02:02,760 hurt anyone? But your actions were still 48 00:02:02,960 --> 00:02:04,880 maybe reckless. Yeah, reckless or negligent. 49 00:02:04,880 --> 00:02:06,960 How does that work? Well, recklessness. 50 00:02:06,960 --> 00:02:09,600 That's about consciously disregarding a risk. 51 00:02:09,600 --> 00:02:12,920 Like driving drunk, even if you don't intend to cause an 52 00:02:12,920 --> 00:02:14,680 accident. You know it's dangerous, you do 53 00:02:14,680 --> 00:02:16,440 it anyway. Right, that's the recklessness. 54 00:02:16,440 --> 00:02:18,000 Exactly. Conscious disregard. 55 00:02:18,000 --> 00:02:19,840 And negligence. That's more about failing to 56 00:02:19,840 --> 00:02:23,320 exercise reasonable care. Like leaving a loaded gun where 57 00:02:23,320 --> 00:02:25,600 a child could reach it. Yeah, you didn't intend for 58 00:02:25,600 --> 00:02:28,080 anyone to get hurt. But you were careless. 59 00:02:28,080 --> 00:02:30,480 And that carelessness had consequences, right? 60 00:02:30,480 --> 00:02:31,880 So you could still be held accountable. 61 00:02:31,960 --> 00:02:33,640 Exactly. OK, that makes sense. 62 00:02:33,720 --> 00:02:36,320 Now there's one more category of Mens Rea. 63 00:02:36,440 --> 00:02:38,680 Oh yeah. Strict liability. 64 00:02:38,920 --> 00:02:42,280 This is where like, even if you didn't know, you were doing 65 00:02:42,280 --> 00:02:44,720 something wrong. You can still be held liable. 66 00:02:44,800 --> 00:02:47,720 Yeah. So no mental state required. 67 00:02:47,880 --> 00:02:52,000 No, the ACT itself is enough. What kind of crimes fall under 68 00:02:52,000 --> 00:02:54,840 that? Usually things involving public 69 00:02:54,840 --> 00:02:59,240 safety, regulatory stuff, selling alcohol to a minor. 70 00:02:59,280 --> 00:03:01,280 Classic example. Even if you didn't know they 71 00:03:01,280 --> 00:03:03,120 were underage. Even then, yeah. 72 00:03:03,400 --> 00:03:07,040 The focus is on protecting minors, not the seller's intent. 73 00:03:07,760 --> 00:03:10,200 OK, so we've got actus Reus, the guilty act. 74 00:03:10,320 --> 00:03:13,560 And Mens Rea, the guilty mind. But there's more to it, right? 75 00:03:13,600 --> 00:03:15,840 Absolutely. It's not just about having those 76 00:03:15,840 --> 00:03:17,880 two things present. They have to be connected in a 77 00:03:17,880 --> 00:03:20,080 specific way. That's where concurrence and 78 00:03:20,080 --> 00:03:21,640 causation come in. You got it. 79 00:03:22,080 --> 00:03:24,400 All right, let's unpack those. Starting with concurrence. 80 00:03:24,440 --> 00:03:26,680 Yeah, sounds fancy. What does it actually mean? 81 00:03:26,800 --> 00:03:30,400 It means the guilty act and guilty mind happened together. 82 00:03:30,680 --> 00:03:33,040 At the same time. Right, the intent has to be 83 00:03:33,040 --> 00:03:36,280 driving the action. So thinking about doing 84 00:03:36,280 --> 00:03:39,320 something bad earlier. Doesn't make it a crime. 85 00:03:40,080 --> 00:03:42,480 It's got to be that thought leading to the action. 86 00:03:42,760 --> 00:03:44,840 Yeah, like let's say you see someone you dislike. 87 00:03:44,840 --> 00:03:46,320 Yeah, and you think about tripping them. 88 00:03:46,600 --> 00:03:50,200 But later you bump into them accidentally at the store. 89 00:03:50,240 --> 00:03:52,440 And they get hurt. No concurrence, right? 90 00:03:52,440 --> 00:03:54,320 Nope. The thought and the action were 91 00:03:54,320 --> 00:03:56,480 separate. No crime, just bad luck for 92 00:03:56,480 --> 00:03:57,440 them. Exactly. 93 00:03:57,440 --> 00:04:01,240 OK, concurrence check. Now for causation. 94 00:04:01,800 --> 00:04:04,000 This one seems simple. You do something, it causes a 95 00:04:04,000 --> 00:04:08,160 result. But the law loves to complicate 96 00:04:08,160 --> 00:04:10,000 things. I figured there's factual 97 00:04:10,000 --> 00:04:12,240 causation and proximate causation. 98 00:04:12,240 --> 00:04:14,800 OK, break it down for me. Factual causation. 99 00:04:14,800 --> 00:04:19,440 That's the but for test. But for the defendants actions, 100 00:04:19,800 --> 00:04:21,880 the harm wouldn't have happened. Exactly. 101 00:04:22,000 --> 00:04:24,600 Like if someone sets a fire that burns down a building. 102 00:04:24,800 --> 00:04:27,880 But for their actions, no fire, no damage. 103 00:04:28,120 --> 00:04:30,480 OK, that's pretty clear. Proximate causation gets a 104 00:04:30,480 --> 00:04:32,360 little trickier. How so? 105 00:04:32,360 --> 00:04:35,320 It's about foreseeability. Was a harm a natural result of 106 00:04:35,320 --> 00:04:37,200 the actions? So even if someone was the 107 00:04:37,200 --> 00:04:39,840 factual 'cause. They might not be liable if the 108 00:04:39,840 --> 00:04:42,280 harm was too remote, too unpredictable. 109 00:04:42,920 --> 00:04:45,640 Examples. Let's say you splash water on a 110 00:04:45,640 --> 00:04:48,640 pedestrian while driving. They get startled, jump back, 111 00:04:48,640 --> 00:04:51,840 trip and break their ankle. You're the factual cause the 112 00:04:51,840 --> 00:04:55,600 splash led to the jump paw. The proximate cause. 113 00:04:55,840 --> 00:04:57,960 Probably not. The broken ankle was too far 114 00:04:57,960 --> 00:05:00,080 removed from the splash. Too many other things could have 115 00:05:00,080 --> 00:05:01,360 happened in between. Exactly. 116 00:05:01,360 --> 00:05:03,000 It wasn't a foreseeable consequence. 117 00:05:03,000 --> 00:05:05,160 OK, starting to see how this all fits together. 118 00:05:05,160 --> 00:05:06,800 It's like a. Puzzle all these pieces. 119 00:05:06,800 --> 00:05:11,360 Actus Reus, Mens Rea concurrence causation. 120 00:05:11,680 --> 00:05:14,240 Got to have them all for a crime to occur. 121 00:05:14,360 --> 00:05:19,280 And understanding these is key to, well, everything in criminal 122 00:05:19,280 --> 00:05:21,320 law. Absolutely the foundation for 123 00:05:21,320 --> 00:05:23,960 analyzing any crime. OK, I'm ready to see how this 124 00:05:23,960 --> 00:05:25,080 works in practice. Let's. 125 00:05:25,080 --> 00:05:27,920 Move on to specific crimes then. Sounds good, hit me with it. 126 00:05:27,920 --> 00:05:31,160 So specific crimes, right? This is where it gets real. 127 00:05:31,160 --> 00:05:33,080 Yeah, let's see how those principles play out. 128 00:05:33,080 --> 00:05:34,960 Crimes against persons. Those are a big one. 129 00:05:35,000 --> 00:05:36,840 Crimes that harm another individual. 130 00:05:36,840 --> 00:05:38,480 Right. And homicide is the most 131 00:05:38,480 --> 00:05:41,040 serious, obviously. But there are different types of 132 00:05:41,040 --> 00:05:42,360 homicides. Oh yeah, it's not a 133 00:05:42,360 --> 00:05:45,320 one-size-fits-all thing. So how do we break it down? 134 00:05:45,480 --> 00:05:48,400 Well, the most serious is first degree murder. 135 00:05:48,400 --> 00:05:50,040 That's like premeditation, right? 136 00:05:50,120 --> 00:05:51,240 Planned out. Exactly. 137 00:05:51,240 --> 00:05:55,560 Deliberate, intentional killing. Like lying in wait or hiring a 138 00:05:55,560 --> 00:05:57,480 hit man. Those are classic examples. 139 00:05:57,480 --> 00:06:00,040 So premeditation is key for first degree. 140 00:06:00,040 --> 00:06:01,800 Absolutely. It distinguishes it from other 141 00:06:01,800 --> 00:06:03,360 types. OK, what about second degree 142 00:06:03,360 --> 00:06:06,360 murder then? Still intentional, but without 143 00:06:06,360 --> 00:06:10,240 that premeditation. More like a crime of passion. 144 00:06:10,240 --> 00:06:13,560 Yeah, sometimes it's described as malice aforethought. 145 00:06:13,800 --> 00:06:18,160 Meaning the intent was there, but not planned in advance. 146 00:06:18,160 --> 00:06:19,640 Right. Like a fight that escalates, 147 00:06:19,640 --> 00:06:21,240 someone gets killed in the heat of the moment. 148 00:06:21,240 --> 00:06:23,600 Still intentional, but not a premeditated. 149 00:06:23,600 --> 00:06:25,720 Act exactly. OK, so we've got intentional 150 00:06:25,720 --> 00:06:27,920 killings covered. But what about when it's not 151 00:06:27,920 --> 00:06:30,840 intentional? Like accidental but still 152 00:06:30,840 --> 00:06:32,440 resulting from someone's actions. 153 00:06:32,440 --> 00:06:34,080 That's where manslaughter comes in. 154 00:06:34,840 --> 00:06:36,600 OK, manslaughter. And that's divided into 155 00:06:36,600 --> 00:06:39,240 voluntary and involuntary. Voluntary manslaughter. 156 00:06:39,240 --> 00:06:41,520 What makes it voluntary? Often it's about heat of 157 00:06:41,520 --> 00:06:43,960 passion. Like you're provoked and you 158 00:06:43,960 --> 00:06:46,840 lose control. Yeah, the classic example is 159 00:06:46,840 --> 00:06:49,200 someone walking in on their spouse cheating. 160 00:06:50,400 --> 00:06:53,800 And they kill the spouse or the other person in a fit of rage. 161 00:06:54,320 --> 00:06:55,960 That could be voluntary manslaughter. 162 00:06:55,960 --> 00:06:58,400 Yeah, because a reasonable person might react that way in 163 00:06:58,400 --> 00:07:00,840 that situation. It's about recognizing that 164 00:07:00,840 --> 00:07:04,080 extreme emotions can lead to extreme actions. 165 00:07:04,200 --> 00:07:06,080 OK, makes sense. What about involuntary 166 00:07:06,080 --> 00:07:08,440 manslaughter then? That's more about recklessness 167 00:07:08,440 --> 00:07:11,000 or negligence. Like the drunk driving example. 168 00:07:11,000 --> 00:07:13,640 Perfect example. Didn't intend to kill anyone, 169 00:07:13,760 --> 00:07:16,880 but their actions were reckless. And resulted in a death. 170 00:07:17,120 --> 00:07:19,200 So it's involuntary manslaughter, right? 171 00:07:19,480 --> 00:07:21,040 OK. So we got first degree, second 172 00:07:21,040 --> 00:07:24,240 degree, voluntary, involuntary. Covers a lot of ground. 173 00:07:24,920 --> 00:07:27,160 But there's one more, right Felony murder. 174 00:07:27,720 --> 00:07:30,320 Yes, felony murder. This one's a bit unique. 175 00:07:30,320 --> 00:07:33,520 This is where like, you don't even have to intend to kill. 176 00:07:33,640 --> 00:07:36,480 Yeah, it's about deaths that occur during the Commission of a 177 00:07:36,640 --> 00:07:40,440 dangerous felony. So if I'm robbing a bank with a 178 00:07:40,440 --> 00:07:43,880 partner and they shoot someone? Even if you didn't pull the 179 00:07:43,880 --> 00:07:45,920 trigger. I could still be charged with 180 00:07:45,920 --> 00:07:47,600 felony murder, yeah. That's the idea, yeah. 181 00:07:47,600 --> 00:07:51,680 Because by participating in the felony, I'm creating that risk. 182 00:07:51,680 --> 00:07:54,120 Exactly. The law holds you accountable 183 00:07:54,440 --> 00:07:56,920 those consequences. Even if I didn't want anyone to 184 00:07:56,920 --> 00:07:59,840 get hurt. It's about the inherent danger 185 00:07:59,840 --> 00:08:02,000 of the felony itself. OK, felony murder. 186 00:08:02,080 --> 00:08:03,520 Got it. A bit of a tough one, but I 187 00:08:03,520 --> 00:08:05,280 think I understand. So it's an important concept. 188 00:08:05,360 --> 00:08:07,480 So that's homicide in a nutshell. 189 00:08:07,720 --> 00:08:10,000 Lots of nuances, but those are the main types. 190 00:08:10,000 --> 00:08:12,280 What other crimes against persons are there? 191 00:08:12,480 --> 00:08:14,600 Assault and battery, those are common ones. 192 00:08:14,760 --> 00:08:17,080 Oh yeah, those are often lumped together, but they're different, 193 00:08:17,080 --> 00:08:18,480 right? Yeah, definitely. 194 00:08:18,480 --> 00:08:21,640 Assault is the threat of harm. Like I swing a bat at someone 195 00:08:21,640 --> 00:08:23,440 but I miss. Still assault. 196 00:08:23,440 --> 00:08:26,960 You created that fear of harm. But no actual contact, so no 197 00:08:26,960 --> 00:08:29,000 battery. Right battery requires the 198 00:08:29,000 --> 00:08:31,320 contact the unlawful use of force. 199 00:08:31,360 --> 00:08:33,200 So I connect with that bat swing. 200 00:08:33,360 --> 00:08:35,600 That's battery. And like homicide, there are 201 00:08:35,600 --> 00:08:39,080 different levels of severity. Based on the harm caused if a 202 00:08:39,080 --> 00:08:40,600 weapon was used, things like that. 203 00:08:40,600 --> 00:08:42,720 Exactly. OK, Assault and battery check. 204 00:08:43,000 --> 00:08:44,600 And then you've got sexual offenses. 205 00:08:44,680 --> 00:08:47,440 This is a whole other area, lots of legal complexities. 206 00:08:47,440 --> 00:08:49,680 Yeah, consent is the key element here. 207 00:08:49,680 --> 00:08:53,920 Rape, sexual fault, statutory rape, All about lack of consent. 208 00:08:54,160 --> 00:08:56,600 Very important to understand those concepts. 209 00:08:56,640 --> 00:08:59,280 OK, so we've got crimes against persons covered. 210 00:08:59,400 --> 00:09:02,600 Homicide, assault, battery, sexual offenses. 211 00:09:02,680 --> 00:09:04,040 The big ones. That way. 212 00:09:04,480 --> 00:09:06,840 Let's move on to crimes against property. 213 00:09:06,880 --> 00:09:08,600 All right, time to protect those possessions. 214 00:09:08,680 --> 00:09:11,240 This is all about interfering with someone's ownership or 215 00:09:11,240 --> 00:09:13,240 possession. So theft, basically. 216 00:09:13,240 --> 00:09:15,680 Larceny is the basic one. Yeah, like I take my neighbor's 217 00:09:15,680 --> 00:09:18,360 lawnmower without asking. But you bring it back the next 218 00:09:18,360 --> 00:09:21,280 day. Probably not larceny. 219 00:09:21,560 --> 00:09:23,600 No intent to permanently deprive them. 220 00:09:23,600 --> 00:09:27,560 Exactly that intent is crucial. But if I sold it, that's a 221 00:09:27,560 --> 00:09:29,040 different story. Then it's larceny. 222 00:09:29,040 --> 00:09:31,600 You intended to keep it. OK, larceny. 223 00:09:31,600 --> 00:09:33,160 Check. What about burglary? 224 00:09:33,800 --> 00:09:36,000 This one's more than just breaking into a house. 225 00:09:36,000 --> 00:09:38,360 It is, yeah. It's about unlawful entry with 226 00:09:38,360 --> 00:09:40,560 the intent to commit another crime inside. 227 00:09:40,640 --> 00:09:43,440 So breaking into steal something that's burglary. 228 00:09:43,600 --> 00:09:46,840 Classic example, but it could be other crimes too like assault, 229 00:09:46,840 --> 00:09:49,840 vandalism, anything that's a crime once you're inside. 230 00:09:49,840 --> 00:09:52,880 OK, so the intent to commit the crime has to be there at the 231 00:09:52,880 --> 00:09:54,680 time of entry? That's what separates it from 232 00:09:54,680 --> 00:09:56,480 trespassing. Got you Burglary. 233 00:09:56,520 --> 00:10:00,320 Check now for robbery. Robbery takes theft up a notch, 234 00:10:00,640 --> 00:10:03,120 so it involves force or the threat of force. 235 00:10:03,480 --> 00:10:05,520 So it's theft plus assault basically. 236 00:10:05,520 --> 00:10:07,800 Exactly like holding up a store with a weapon. 237 00:10:07,800 --> 00:10:10,440 Not just taking the money, you're using force to get it. 238 00:10:10,560 --> 00:10:13,440 Right, that element of force or intimidation is key. 239 00:10:13,440 --> 00:10:14,600 OK, robbery. Got it. 240 00:10:14,600 --> 00:10:16,680 What else? Embezzlement is another one you 241 00:10:16,680 --> 00:10:18,440 should know. This is where someone like 242 00:10:19,440 --> 00:10:21,840 misuses funds they were entrusted with. 243 00:10:21,840 --> 00:10:24,040 Exactly. Violation of trust. 244 00:10:24,040 --> 00:10:25,920 Taking advantage of their position. 245 00:10:25,920 --> 00:10:28,240 Like a financial advisor stealing from their clients. 246 00:10:28,240 --> 00:10:30,800 That's a common example. OK, embezzlement makes sense. 247 00:10:30,800 --> 00:10:32,640 What about arson? Arson. 248 00:10:32,760 --> 00:10:35,040 That's the intentional burning of property. 249 00:10:35,080 --> 00:10:37,400 So if my house burns down because I left the stove on, 250 00:10:37,400 --> 00:10:39,200 that's. Not arson, that's an accident. 251 00:10:39,320 --> 00:10:42,240 But if I set fire to my neighbor's car out of revenge? 252 00:10:42,240 --> 00:10:45,040 That's arson, intentional and malicious. 253 00:10:45,040 --> 00:10:46,920 Got it. Intent is key there too. 254 00:10:47,040 --> 00:10:50,160 It's all about the elements of each crime, you know. 255 00:10:50,280 --> 00:10:52,840 Preving those elements beyond a reasonable doubt. 256 00:10:52,880 --> 00:10:54,400 That's what the prosecution has to do. 257 00:10:54,440 --> 00:10:56,640 OK, I think I'm getting the hang of these property crimes. 258 00:10:56,680 --> 00:10:58,680 Good, good. They're a big part of criminal 259 00:10:58,680 --> 00:11:00,880 law. So we've done crimes against 260 00:11:00,880 --> 00:11:02,960 persons, crimes against property. 261 00:11:02,960 --> 00:11:05,920 What's next? What other categories are there? 262 00:11:06,120 --> 00:11:08,360 Let's talk about inchoate offenses. 263 00:11:08,360 --> 00:11:10,000 Inchoate. That's a new one. 264 00:11:10,160 --> 00:11:12,320 It basically means incomplete crimes. 265 00:11:12,320 --> 00:11:14,120 So crimes that didn't actually happen. 266 00:11:14,160 --> 00:11:16,360 Yeah, but you can still be punished for them. 267 00:11:16,520 --> 00:11:21,720 Wait, why if no crime happened? The law recognizes the danger in 268 00:11:21,720 --> 00:11:25,520 planning and preparing. So it's about preventing those 269 00:11:25,520 --> 00:11:26,960 crimes from happening in the first place. 270 00:11:26,960 --> 00:11:29,640 Exactly deterring people from taking those first steps. 271 00:11:29,640 --> 00:11:31,240 OK, I guess that makes sense. Examples. 272 00:11:31,280 --> 00:11:33,800 Attempt conspiracy and solicitation. 273 00:11:33,800 --> 00:11:36,080 Those are the big three. All right, let's break those 274 00:11:36,080 --> 00:11:39,000 down, starting with attempt. Attempt is, well, trying to 275 00:11:39,000 --> 00:11:40,680 commit a crime but failing like I. 276 00:11:40,680 --> 00:11:43,880 Try to pickpocket someone but they catch me before I get the 277 00:11:43,880 --> 00:11:45,760 wallet. That's attempt at theft. 278 00:11:45,760 --> 00:11:48,320 Yeah. So intent to commit the crime, 279 00:11:48,600 --> 00:11:51,320 plus a substantial step towards doing it. 280 00:11:51,320 --> 00:11:53,000 Exactly both of those are needed. 281 00:11:53,120 --> 00:11:54,840 What counts as a substantial step? 282 00:11:54,920 --> 00:11:57,560 That can be tricky, depends on the specific facts. 283 00:11:57,560 --> 00:11:59,440 But it has to be more than just thinking about it. 284 00:12:00,160 --> 00:12:02,600 Right, there has to be some action taken towards committing 285 00:12:02,600 --> 00:12:04,440 the crime. OK, attempt. 286 00:12:04,520 --> 00:12:05,800 Got it. What about conspiracy? 287 00:12:06,040 --> 00:12:09,200 Conspiracy is an agreement between two or more people to 288 00:12:09,200 --> 00:12:11,240 commit a crime. So we're all sitting around 289 00:12:11,440 --> 00:12:13,760 planning a bank robbery. Even if you never actually 290 00:12:13,760 --> 00:12:16,600 robbed the bank. Just the agreement itself is 291 00:12:16,600 --> 00:12:19,680 enough to be a crime. Yeah, it's about that collective 292 00:12:19,680 --> 00:12:22,160 intent to engage in criminal activity. 293 00:12:22,320 --> 00:12:23,840 Wow. OK, conspiracy check. 294 00:12:23,840 --> 00:12:27,320 What about solicitation? Solicitation is asking or 295 00:12:27,320 --> 00:12:29,640 encouraging someone else to commit a crime. 296 00:12:29,840 --> 00:12:32,520 Like hiring a hit man. That's a classic example, yeah. 297 00:12:32,520 --> 00:12:34,200 So even if the hit man doesn't do it. 298 00:12:34,200 --> 00:12:36,800 The person who solicit them is still dutty. 299 00:12:36,880 --> 00:12:38,720 It's about inciting that criminal activity. 300 00:12:38,720 --> 00:12:39,800 Exactly. OK. 301 00:12:39,800 --> 00:12:41,320 And Co weight offenses. Got it. 302 00:12:41,720 --> 00:12:45,480 Attempt conspiracy solicitation. They're all about preventing 303 00:12:45,480 --> 00:12:48,280 future crimes. By punishing those early stages. 304 00:12:48,640 --> 00:12:50,480 Makes sense, right? Yeah, I think so. 305 00:12:50,480 --> 00:12:53,280 It's all about deterring people from even considering these. 306 00:12:53,280 --> 00:12:55,120 Acts and holding them accountable for their 307 00:12:55,120 --> 00:12:58,480 intentions. OK, so we've done crimes against 308 00:12:59,240 --> 00:13:02,520 persons, property and COVID offenses. 309 00:13:02,520 --> 00:13:04,440 Feeling like a criminal law expert yet? 310 00:13:04,560 --> 00:13:08,200 Almost, but I know there's one big piece missing. 311 00:13:08,280 --> 00:13:09,400 Oh yeah. What's that? 312 00:13:09,480 --> 00:13:12,080 Defenses. People commit crimes, but 313 00:13:12,080 --> 00:13:15,600 sometimes there are reasons. Ah yes, defenses, a crucial part 314 00:13:15,600 --> 00:13:18,120 of criminal law. We can't just assume everyone 315 00:13:18,120 --> 00:13:20,000 who commits an act is automatically guilty. 316 00:13:20,160 --> 00:13:23,560 There are circumstances that might excuse or justify their 317 00:13:23,560 --> 00:13:25,040 actions. Exactly. 318 00:13:25,040 --> 00:13:27,920 So how do defenses work? All right, defenses, right? 319 00:13:28,200 --> 00:13:31,080 It's not always black and white. Yeah, sometimes there are valid 320 00:13:31,080 --> 00:13:33,840 reasons for someone's actions. Or at least reasons that 321 00:13:33,840 --> 00:13:37,400 mitigate their culpability. So how do we categorize 322 00:13:37,400 --> 00:13:40,200 defenses? Generally there are two main 323 00:13:40,200 --> 00:13:43,160 types, justifications and excuses. 324 00:13:43,160 --> 00:13:46,120 Justification. That sounds like you did the 325 00:13:46,120 --> 00:13:47,800 right thing. Yeah, even if it technically 326 00:13:47,800 --> 00:13:49,680 broke the law. Like self-defense. 327 00:13:49,680 --> 00:13:52,680 The classic example, you use force to protect yourself from 328 00:13:52,680 --> 00:13:54,240 harm. So you're not denying you did 329 00:13:54,240 --> 00:13:55,600 it, you're saying it was necessary? 330 00:13:55,680 --> 00:13:58,120 Exactly. The circumstances justified your 331 00:13:58,120 --> 00:14:00,440 actions. OK, what other justifications 332 00:14:00,440 --> 00:14:03,000 are there? Defense of others, Same idea but 333 00:14:03,120 --> 00:14:05,040 protecting someone else. A necessity. 334 00:14:05,160 --> 00:14:07,480 Yeah, that's the lesser of two evils defense. 335 00:14:07,480 --> 00:14:10,240 Like breaking into a store to steal food if you're starving. 336 00:14:10,400 --> 00:14:12,120 That's the classic example, yeah. 337 00:14:12,120 --> 00:14:14,320 OK. So justification is about doing 338 00:14:14,320 --> 00:14:17,560 the right thing in a tough spot. Right now, excuses are a bit 339 00:14:17,560 --> 00:14:18,680 different. How so? 340 00:14:18,880 --> 00:14:22,400 Excuses focus on the defendant's mental state or the 341 00:14:22,400 --> 00:14:26,040 circumstances. So like, I did it, but I wasn't 342 00:14:26,040 --> 00:14:29,520 thinking straight. Yeah, or I was forced to do it. 343 00:14:29,760 --> 00:14:31,840 The insanity defense falls under this. 344 00:14:31,920 --> 00:14:33,560 Definitely. If someone's legally insane, 345 00:14:33,560 --> 00:14:35,120 they might not be held responsible. 346 00:14:35,880 --> 00:14:37,240 But that's a tough one to prove, Frank. 347 00:14:37,320 --> 00:14:40,000 Oh yeah, very difficult. Lots of legal hurdles. 348 00:14:40,040 --> 00:14:42,040 What other excuse defenses are there? 349 00:14:42,120 --> 00:14:44,640 Duress is a common one. Duress. 350 00:14:44,680 --> 00:14:47,400 Like you're forced to commit a crime under threat of harm. 351 00:14:48,160 --> 00:14:50,000 So you're saying you didn't have a real choice? 352 00:14:50,080 --> 00:14:53,000 Exactly like someone being forced to rob a bank because 353 00:14:53,000 --> 00:14:55,480 their families held hostage. OK, duress. 354 00:14:55,560 --> 00:14:56,640 Got it. Any others? 355 00:14:56,840 --> 00:14:59,240 Intoxication can sometimes be a defense. 356 00:14:59,680 --> 00:15:03,320 Like if you're drunk or high. Well, voluntary intoxication is 357 00:15:03,320 --> 00:15:06,560 rarely a good defense. Meaning you chose to get that 358 00:15:06,560 --> 00:15:08,240 way. Right, but involuntary 359 00:15:08,240 --> 00:15:11,120 intoxication might be different. Like if you were drugged without 360 00:15:11,120 --> 00:15:13,120 knowing it. Yeah, that could potentially 361 00:15:13,120 --> 00:15:16,400 negate the men's Rea. So you couldn't form the intent 362 00:15:16,400 --> 00:15:18,720 to commit the crime. Exactly, but it's very fact 363 00:15:18,720 --> 00:15:20,880 specific. OK, intoxication. 364 00:15:21,040 --> 00:15:22,960 Use with caution. Good advice. 365 00:15:23,000 --> 00:15:25,000 Are there any other types of defenses? 366 00:15:25,320 --> 00:15:27,680 Yeah, we should mention procedural defenses. 367 00:15:27,680 --> 00:15:29,600 Procedural. What are those? 368 00:15:29,800 --> 00:15:32,920 These focus on whether the case was handled properly. 369 00:15:33,360 --> 00:15:36,920 So not about guilt or innocence, but about procedure. 370 00:15:37,240 --> 00:15:39,400 Exactly like entrapment. Entrapment. 371 00:15:39,480 --> 00:15:42,720 That's where law enforcement induces someone to commit a 372 00:15:42,720 --> 00:15:45,960 crime. So they're basically creating 373 00:15:45,960 --> 00:15:48,800 criminals, not catching them. Yeah, like an undercover officer 374 00:15:48,800 --> 00:15:52,080 pressuring someone to buy drugs. OK, entrapment makes sense. 375 00:15:52,360 --> 00:15:55,120 Any other procedural ones? Double jeopardy is a big 1A. 5th 376 00:15:55,120 --> 00:15:56,040 amendment thing, right? Yep. 377 00:15:56,240 --> 00:15:58,000 Can't be tried twice for the same crime. 378 00:15:58,120 --> 00:16:00,200 So once you're acquitted, you're free and clear. 379 00:16:00,640 --> 00:16:03,120 Well, there are some exceptions, but generally yes. 380 00:16:03,120 --> 00:16:04,480 OK. Procedural defenses. 381 00:16:04,480 --> 00:16:07,000 Got it. So we've got justifications, 382 00:16:07,000 --> 00:16:10,560 excuses, procedural. Lots of ways to challenge a 383 00:16:10,560 --> 00:16:12,640 criminal charge. It's all part of ensuring a fair 384 00:16:12,640 --> 00:16:16,000 trial, a just outcome. Speaking of outcomes, what about 385 00:16:16,000 --> 00:16:19,000 sentencing? The final stage, right where the 386 00:16:19,000 --> 00:16:21,840 rubber meets the road. This is where we see the real 387 00:16:21,840 --> 00:16:24,720 consequences of a conviction. Exactly, and it's a complex 388 00:16:24,720 --> 00:16:26,680 area. Lots of factors to consider. 389 00:16:26,720 --> 00:16:29,000 So how does sentencing work? What are the goals? 390 00:16:29,320 --> 00:16:32,080 Well, there are some guiding principles, although they're not 391 00:16:32,080 --> 00:16:35,360 always strictly followed. Like proportionality. 392 00:16:35,400 --> 00:16:37,120 The punishment should fit the crime. 393 00:16:37,280 --> 00:16:39,320 Makes sense. A minor offense shouldn't lead 394 00:16:39,320 --> 00:16:40,840 to a major sentence. Right. 395 00:16:40,880 --> 00:16:43,400 And consistency. Similar crimes should get 396 00:16:43,400 --> 00:16:45,640 similar sentences. So no one's getting special 397 00:16:45,640 --> 00:16:46,480 treatment. Exactly. 398 00:16:46,480 --> 00:16:48,560 It's about fairness and predictability. 399 00:16:48,800 --> 00:16:51,080 OK, what else? Individualization is important 400 00:16:51,080 --> 00:16:53,280 too. Meaning the judge considers the 401 00:16:53,280 --> 00:16:56,240 specific offender and their circumstances. 402 00:16:56,320 --> 00:17:01,080 Yeah, their criminal history, remorse, any mitigating factors. 403 00:17:01,080 --> 00:17:02,720 So it's not just A1 size fits all. 404 00:17:02,720 --> 00:17:03,320 Approach. Nope. 405 00:17:03,680 --> 00:17:05,280 Each case is unique. OK. 406 00:17:05,280 --> 00:17:09,040 And what about rehabilitation? That's a big one, too, the focus 407 00:17:09,040 --> 00:17:12,640 on reforming the offender. So not just punishment, but 408 00:17:12,640 --> 00:17:15,000 trying to help them change their behavior. 409 00:17:15,040 --> 00:17:17,640 Exactly. Things like drug treatment, job 410 00:17:17,640 --> 00:17:20,280 training, counseling. To reduce the chances of them 411 00:17:20,280 --> 00:17:21,680 reoffending. That's the goal. 412 00:17:21,680 --> 00:17:24,240 OK, so we've got principles. Now, what about the actual types 413 00:17:24,240 --> 00:17:27,359 of sentences? Well, fines are common for less 414 00:17:27,359 --> 00:17:29,640 serious offenses. Just paying paying a monetary 415 00:17:29,640 --> 00:17:31,880 penalty. Right, and probation is often 416 00:17:31,880 --> 00:17:34,240 used as an alternative to incarceration. 417 00:17:35,120 --> 00:17:38,040 So you stay in the community, but under supervision. 418 00:17:38,080 --> 00:17:40,840 Yeah, with certain conditions like check insurance, drug 419 00:17:40,840 --> 00:17:43,840 tests, counseling. And if you violate those 420 00:17:43,840 --> 00:17:45,480 conditions? You could end up in jail or 421 00:17:45,480 --> 00:17:47,080 prison. Right, imprisonment. 422 00:17:47,080 --> 00:17:48,920 That's the big one. Loss of liberty, definitely the 423 00:17:48,920 --> 00:17:51,480 most serious punishment. How do they decide how long 424 00:17:51,480 --> 00:17:54,680 someone goes to prison for? There are sentencing guidelines, 425 00:17:54,680 --> 00:17:57,880 but judges have some discretion. Based on the crime, the 426 00:17:57,880 --> 00:18:00,000 offenders history, all that. Exactly. 427 00:18:00,000 --> 00:18:03,160 It's a complex process. OK, fines, probation, 428 00:18:03,160 --> 00:18:04,760 imprisonment, those are the main ones. 429 00:18:04,880 --> 00:18:08,160 Yeah, but there are also community based sanctions. 430 00:18:08,160 --> 00:18:11,240 Oh yeah, what are those? Things like community service, 431 00:18:11,280 --> 00:18:16,040 restitution to the victim. So more focused on repairing the 432 00:18:16,040 --> 00:18:17,960 harm and reintegrating the offender. 433 00:18:18,000 --> 00:18:20,160 That's the idea. Wow, we've covered a lot today. 434 00:18:20,160 --> 00:18:21,880 We have criminal laws, big field. 435 00:18:22,360 --> 00:18:24,280 But I feel like I understand it so much better now. 436 00:18:24,800 --> 00:18:27,040 That's great to hear. Remember, it's about applying 437 00:18:27,040 --> 00:18:30,360 these concepts to real cases. And thinking critically, right? 438 00:18:30,600 --> 00:18:32,480 Absolutely. The law is more than just 439 00:18:32,480 --> 00:18:34,960 memorizing rules. It's about understanding the 440 00:18:34,960 --> 00:18:37,160 why, the reasoning behind it all. 441 00:18:37,160 --> 00:18:40,320 Exactly, and using that knowledge to advocate for your 442 00:18:40,320 --> 00:18:42,640 clients. OK, I'm feeling much more 443 00:18:42,640 --> 00:18:45,720 prepared for the bar exam now. Good luck with your studies, 444 00:18:45,760 --> 00:18:48,480 it's a challenging journey but a rewarding 1. 445 00:18:48,720 --> 00:18:50,880 Thanks for all your insights, it's been really helpful. 446 00:18:50,960 --> 00:18:53,320 You're welcome, always glad to talk criminal law. 447 00:18:53,440 --> 00:18:56,200 Well, that's it for our deep dive into criminal law. 448 00:18:56,320 --> 00:18:59,360 Hope you all learned something. Remember, this is just the 449 00:18:59,360 --> 00:19:00,120 beginning. Keep. 450 00:19:00,120 --> 00:19:02,720 Practicing keep. Learning and you'll ace that 451 00:19:02,720 --> 00:19:04,440 exam. Good luck everyone. 452 00:19:04,800 --> 00:19:05,760 Thanks for listening.