OregonCriminal Law

Oregon Criminal Law

A comprehensive guide to criminal law in Oregon. Explore key legal rules, landmark cases, law schools, professors, and bar exam preparation resources.

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Key Criminal Law Rules

25 foundational criminal law rules and concepts to know.

Mens Rea (Mental States)

Mens rea refers to the guilty mind or mental state required for criminal liability. The Model Penal Code identifies four levels: purposely, knowingly, recklessly, and negligently, each representing a decreasing degree of culpability.

Actus Reus

Actus reus is the physical or voluntary act requirement for criminal liability. A defendant must commit a voluntary bodily movement, and mere thoughts, status conditions, or involuntary acts cannot form the basis of criminal punishment.

Felony Murder Rule

The felony murder rule holds a defendant liable for murder when a death occurs during the commission of a dangerous felony, regardless of intent to kill. It eliminates the need to prove the mens rea typically required for murder.

Merger Doctrine (Criminal)

The merger doctrine prevents lesser included offenses from serving as the predicate felony for felony murder. It ensures that crimes like assault, which are inherent in every homicide, do not automatically elevate a killing to felony murder.

Conspiracy

Conspiracy is an agreement between two or more persons to commit an unlawful act, combined with the intent to achieve the criminal objective. Most modern jurisdictions also require an overt act in furtherance of the agreement.

Attempt

Criminal attempt requires the specific intent to commit a crime and a substantial step toward its commission that goes beyond mere preparation. It is an inchoate offense that allows punishment before the target crime is completed.

Solicitation

Solicitation is the crime of asking, encouraging, or requesting another person to commit a crime, with the intent that the crime be committed. The offense is complete upon the asking, regardless of whether the other person agrees.

Accomplice Liability

Accomplice liability holds a person criminally responsible for another's crime when they intentionally aid, abet, encourage, or assist in its commission. The accomplice is liable for the same crime as the principal.

Self-Defense

Self-defense justifies the use of force when a person reasonably believes it is necessary to protect themselves from an imminent unlawful attack. Deadly force is permitted only when the person faces a threat of death or serious bodily harm.

Defense of Others

Defense of others allows a person to use reasonable force to protect a third party from imminent unlawful harm. The defender may use the same level of force the third party would be entitled to use in self-defense.

Castle Doctrine

The castle doctrine eliminates the duty to retreat when a person is attacked in their own home. A homeowner may use deadly force against an intruder without first attempting to retreat, treating the home as the ultimate sanctuary.

Stand Your Ground

Stand your ground laws eliminate the duty to retreat before using deadly force in self-defense in any location where the defendant is lawfully present. Unlike the castle doctrine, they are not limited to the home.

And 13 more criminal law rules. View all rules

Landmark Criminal Law Cases

25 landmark criminal law cases every law student should know.

Regina v. Dudley and Stephens

1884

This case established that necessity is not a defense to murder under the common law. It remains the foundational authority on the limits of the necessity defense, holding that the deliberate killing of an innocent person cannot be justified by the preservation of other lives. The decision set the moral boundary that the law does not permit individuals to decide whose life is more valuable.

People v. Newton

1970

This case established that unconsciousness, even if caused by the defendant's own voluntary actions, can negate the voluntary act requirement for criminal liability. The decision is a key illustration of the actus reus principle that criminal liability requires a voluntary act. It expanded the understanding of involuntary conduct beyond traditional examples like sleepwalking or epileptic seizures.

Martin v. State

1944

This case is the classic illustration of the voluntary act requirement in criminal law. It established that criminal liability requires that the defendant's appearance in the public place or the conduct constituting the offense must be voluntary. The decision demonstrated that when police officers forcibly brought the defendant onto a public highway, his subsequent public drunkenness could not be considered a voluntary act.

MPC v. Common Law Mens Rea (Doctrinal Framework)

1962

The Model Penal Code Section 2.02 replaced the confusing and overlapping common law mens rea terms with a systematic hierarchy of four mental states: purposely, knowingly, recklessly, and negligently. This framework brought clarity and consistency to criminal law by defining each mental state precisely and establishing that recklessness is the default culpability requirement when a statute is silent. The MPC approach has been adopted in whole or in part by a majority of American jurisdictions.

People v. Conley

1989

This case is a key teaching case for distinguishing between the MPC mental states of purpose and knowledge. The court held that intent to cause a specific result can be inferred from surrounding circumstances, including the nature of the weapon used and the manner of the attack. It clarified that under the Illinois Criminal Code (based on the MPC), a defendant acts intentionally with respect to a result when it is his conscious object to cause that result.

Regina v. Cunningham

1957

This case established the modern definition of malice in criminal law, holding that 'maliciously' in a criminal statute requires either intention to cause the particular kind of harm or recklessness as to whether such harm would occur. It rejected the broader interpretation that malice simply means general wickedness or moral blameworthiness. The decision is a cornerstone for understanding subjective mens rea standards.

Morissette v. United States

1952

This landmark decision established that courts should not lightly presume that Congress intended to eliminate the mens rea requirement from criminal statutes. The Court held that silence on the mental state element does not mean the legislature intended strict liability, especially for offenses that have common law antecedents. The case is the foundational authority on the presumption of a mens rea requirement in criminal law.

Staples v. United States

1994

Staples extended the Morissette presumption of mens rea to federal firearms regulations, holding that the government must prove the defendant knew the characteristics of his weapon that brought it within the scope of the National Firearms Act. The decision reinforced that harsh penalties and the potential to criminalize seemingly innocent conduct weigh against interpreting a statute as imposing strict liability. It is a key case on the boundary between strict liability regulatory offenses and traditional crimes requiring mens rea.

People v. Acosta

1991

This case is a key teaching case on actual (but-for) causation and proximate causation in criminal law. It examined whether a defendant who led police on a high-speed chase could be held liable for the deaths of helicopter occupants killed when two police helicopters collided while pursuing him. The case illustrates the complexities of the causation analysis when third-party actions intervene between the defendant's conduct and the harmful result.

Velazquez v. State

1990

This case is a leading example of how an unforeseeable intervening cause can break the chain of proximate causation and relieve the defendant of criminal liability. It held that the victim's voluntary decision to engage in a dangerous drag race, combined with the unforeseeable mechanical failure of the victim's vehicle, was a superseding cause that broke the causal chain. The case is widely used to teach intervening and superseding causation.

And 15 more landmark cases. View all landmark cases

Oregon Bar Exam & Criminal Law

How criminal law appears on the Oregon bar exam.

Format

UBE

Pass Rate

74%

Exam Dates

February and July

Essay Topics

Constitutional LawContractsCriminal Law and ProcedureEvidenceReal PropertyTortsBusiness AssociationsCivil Procedure

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