Paralegal Certification (CP / CLA) Criminal Law and Procedure Syllabus

Criminal Law and Procedure syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Criminal Law and Procedure in Paralegal Certification (CP / CLA), not a summary of it.

1. 1

   Substantive Criminal Law

   4 topics

   • Elements of a crime
     • Actus reus and mens rea
     • Causation and concurrence
   • Classification of offenses
     • Felonies, misdemeanors, and infractions
     • Crimes against persons and property
   • Defenses
     • Self-defense and necessity
     • Insanity and entrapment
   • Inchoate crimes and parties to crime
2. 2

   Constitutional Protections

   4 topics

   • Search and seizure
     • Fourth Amendment and warrant requirements
     • Exceptions and the exclusionary rule
   • Self-incrimination and Miranda rights
   • Right to counsel and due process
   • Protections against double jeopardy
3. 3

   Criminal Procedure

   4 topics

   • Pretrial stages
     • Arrest, booking, and arraignment
     • Bail and preliminary hearings
   • Grand jury and charging decisions
   • Plea bargaining
   • Trial and sentencing
     • Burden of proof beyond a reasonable doubt
     • Sentencing, appeals, and post-conviction relief

Criminal Law and Procedure flashcards for Paralegal Certification (CP / CLA)

19 of 55 cards from the Criminal Law and Procedure deck — real questions with worked answers.

1. What are the two essential elements that the prosecution must generally prove to establish criminal liability?

   Actus reus (a voluntary guilty act or omission) and mens rea (a guilty mental state), which must coincide and cause the prohibited result.

2. What is 'actus reus' in criminal law?

   The physical, voluntary act (or a qualifying failure to act when there is a legal duty) that constitutes the criminal conduct. Mere thoughts or involuntary movements do not qualify.

3. What is 'mens rea' and what are the four common-law/Model Penal Code mental states?

   Mens rea is the guilty mind. The MPC's four levels of culpability are: purposely, knowingly, recklessly, and negligently (in descending order of culpability).

4. Define 'concurrence' as an element of a crime.

   Concurrence requires that the guilty mind (mens rea) and the guilty act (actus reus) exist at the same time, with the mental state actually prompting the act.

5. What is a 'strict liability' crime?

   An offense requiring no proof of mens rea; the act alone establishes guilt (e.g., statutory rape, many traffic and regulatory offenses). Only the actus reus must be shown.

6. What is the difference between 'general intent' and 'specific intent' crimes?

   General intent requires only the intent to perform the criminal act (e.g., battery). Specific intent requires an additional intent to achieve a particular result or further objective (e.g., burglary—breaking in with intent to commit a felony inside).

7. What does 'causation' require in criminal law, and what are its two components?

   That the defendant's conduct caused the harm. It requires actual cause (cause-in-fact / 'but-for' causation) and proximate (legal) cause, meaning the harm was a foreseeable result of the conduct.

8. How are crimes classified by seriousness in the U.S.?

   Felonies (serious crimes punishable by more than one year of imprisonment or death), misdemeanors (punishable by up to one year, usually in jail), and infractions/violations (minor offenses punishable by fines, no jail).

9. What distinguishes 'malum in se' from 'malum prohibitum' offenses?

   Malum in se ('wrong in itself') are inherently immoral acts (e.g., murder, theft). Malum prohibitum ('wrong because prohibited') are acts criminal only because a statute forbids them (e.g., driving over the speed limit).

10. What are the elements of common-law murder?

    The unlawful killing of a human being with malice aforethought. Malice can be express (intent to kill) or implied (intent to cause serious bodily harm, depraved-heart recklessness, or felony murder).

11. What is the felony murder rule?

    A defendant is guilty of murder if a death occurs during the commission or attempted commission of an inherently dangerous felony (e.g., robbery, arson, rape, burglary, kidnapping), regardless of intent to kill.

12. What distinguishes voluntary from involuntary manslaughter?

    Voluntary manslaughter is an intentional killing committed in the 'heat of passion' upon adequate provocation. Involuntary manslaughter is an unintentional killing resulting from criminal negligence or during an unlawful act (misdemeanor manslaughter).

13. What is the legal definition of 'self-defense' and what are its key requirements?

    The justified use of reasonable force to protect oneself from an imminent unlawful threat. The force used must be proportional to the threat; deadly force is permitted only against a reasonable belief of imminent death or serious bodily harm.

14. What is the 'duty to retreat' versus a 'stand your ground' rule?

    A duty to retreat requires a person to safely retreat before using deadly force if possible. Stand-your-ground laws eliminate that duty, allowing deadly force in self-defense wherever a person has a right to be.

15. What is the 'castle doctrine'?

    A defense allowing a person to use force, including deadly force, against an intruder in their own home (or sometimes vehicle/workplace) without any duty to retreat.

16. What must a defendant prove for the M'Naghten test of insanity?

    That, due to a mental disease or defect, the defendant either did not know the nature and quality of the act, or did not know that the act was wrong.

17. What is the difference between voluntary and involuntary intoxication as a defense?

    Voluntary intoxication may negate specific intent but is not a defense to general-intent crimes. Involuntary intoxication (unknowing or coerced) is treated like insanity and can be a complete defense.

18. What is the defense of 'duress'?

    A defendant is excused for committing a crime (other than murder) because they were coerced by an immediate threat of death or serious bodily harm to themselves or another, leaving no reasonable opportunity to escape.

19. What is the distinction between 'justification' and 'excuse' defenses?

    Justification defenses (e.g., self-defense, necessity) claim the act was right under the circumstances. Excuse defenses (e.g., insanity, duress, infancy) admit the act was wrong but argue the defendant should not be held responsible.

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Criminal Law and Procedure (Paralegal Certification (CP / CLA)) FAQ