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Criminal Law Fall Launch: Defenses, Justifications, Excuses, and the Complete Criminal Law Examination System

Criminal Law Fall Launch: Defenses, Justifications, Excuses, and the Complete Criminal Law Examination System

Author: The Law School of America September 6, 2026 Duration: 1:17:12
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šŸŽ§ EPISODE SUMMARY šŸŽ§

Sunday finishes the Fall Launch by combining defenses with an exam system.

Defenses fall into failure of proof, justification, or excuse.

Self-defense (justification) allows reasonable force against imminent unlawful force.

Key elements:

  • Unlawful threat & imminence.

  • Belief & reasonableness.

  • Proportionality.

  • Initial aggressor status & retreat.

Deadly force requires imminent death/serious injury. Retreat rules vary (duty to retreat vs. stand-your-ground).

Defense of others relies on defenderā€™s reasonable belief. Defense of property permits nondeadly force only.

Necessity justifies conduct to prevent greater harm from natural circumstances (traditionally excludes intentional homicide).

Duress excuses conduct forced by threats of death/serious harm (traditionally excludes murder).

Mistake of fact negates specific intent (honest mistake) or general intent (honest & reasonable mistake).

Mistake of law rarely excuses, except for official reliance or collateral legal mistakes.

Voluntary intoxication may negate specific intent only. Involuntary intoxication acts as a broader excuse.

Insanity tests: Mā€™Naghten (cognitive), Irresistible Impulse (volitional), MPC (substantial capacity), Durham (product test).

Infancy uses age presumptions. Entrapment requires government inducement and lack of predisposition (subjective test).

The twelve-step exam framework:

  1. Offenses & Elements.

  2. Actus Reus & Mens Rea.

  3. Concurrence & Causation.

  4. Grading & Inchoate Liability.

  5. Secondary Liability & Defenses.

  6. Merger & Conclusion.

Key traps to avoid:

  • Motive ā‰  Mens Rea; Omissions require legal duty.

  • Recklessness ā‰  Negligence; Homicide requires causation.

  • Property crimes depend on possession vs. title.

  • Preparation ā‰  Attempt; Presence ā‰  Accomplice.

  • Conspiracy does not merge into completed crime.

The capstone integration requires evaluating each actor separately.

Analyze Criminal Law offense by offense, element by element, and defendant by defendant.

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