8 days...

So after taking some time off I think, maybe, that I'm ready to buckle down and get some quality studying done these few days I have left. I tried to study on Saturday and got a little bit done, but ended up watching Harry Potter and the Order of the Phoenix and several other movies. Which reminds me, by the way that on this day last year Harry Potter and the Deathly Hallows was released. Man am I glad it wasn't released this year. Granted, I read it in about 10 hours (after standing in line waiting for the midnight release!) but that still would have cut into some quality study time I'm sure.

So today, I think I'm going over Arkansas Criminal Law Distinctions. I feel prepared (enough) for the multi-state crim law questions (which test the common law) but there will be an Arkansas-specific crim law essay on Tuesday.

Just a few of the differences between common law and Arkansas statutory criminal law are the mental states. Common law uses specific intent, malice, general intent and strict liability. Arkansas uses purposely, knowingly, recklessly and negligently.

Homicide provisions also differ between the common law and Arkansas law. Under the common law, a defendant could be convicted of murder (the unlawful killing of another with malice aforethought), voluntary manslaughter (the heat of passion/provocation killing) or involuntary manslaughter (gross negligence causing a death or by applying the misdemeanor or non-dangerous felony murder rules). In Arkansas, a defendant can be charged with capital murder, first degree murder, second degree murder, manslaughter or negligent homicide. There are multiple definitions for each and I'm supposed to know each of them.

Another important difference is in the Arkansas rape statute. At common law, rape was "forced intercourse by a man on a woman who is not his spouse." This takes me back to a story I heard about a class some twenty years ago in which our very own Prof. Guzman asked a student whether a person could rape his spouse. The student responded: "Well, Professor, when you say 'I do,' you say 'I do' forever." Well, that was the law before logic took hold in our state and the Arkansas Supreme Court held that spousal rape was a crime.

One of my least favorite Arkansas distinctions is the so-called "Retreat Rule." Generally, before using deadly force in self-defense, a victim is required to retreat if the victim can do so safely. Retreat is not required, however, if you are in your home. Note, as the cat to the right has made plain, you may never use deadly force to protect property alone. Well, time to get back to memorizing all the wonderful definitions of crimes.