Criminal and Civil Law Overview

Criminal Law Overview

• Criminal law defines acts considered harmful to society, distinct from civil wrongs.
• A crime involves an act (or omission) that violates public law, causing harm to the entire community.
• Criminal acts differ from civil injuries, which primarily concern private disputes between individuals.

Civil Law (Private Law)

• Focuses on relationships between individuals or between individuals and the government.
• Includes all law that is not criminal.
• Aims to resolve disputes and award monetary compensation for damages incurred.
• Individuals can sue other individuals, businesses, or the government.

Criminal Law (Public Law)

• Protects the public from harmful acts.
• Cases are initiated by the government (e.g., District Attorney, Federal Prosecutor).
• The standard of proof is "beyond a reasonable doubt."
• Conviction results in penalties like fines or imprisonment.
• Two main categories exist: felonies and misdemeanors.

Categories of Criminal Law

• Felonies: Serious crimes (e.g., murder, rape, robbery).

  • Involve severe penalties, including death or imprisonment for more than a year.

• Misdemeanors: Less serious offenses (e.g., traffic violations, minor theft).

  • Result in penalties like fines or imprisonment for up to a year.

Criminal Liability

• Every crime has two elements: actus reus and mens rea.

• Actus reus: The criminal act itself.

  • Conscious, voluntary, and affirmative actions.

• Mens rea: The criminal state of mind.

  • Different types of intent required for different crimes.

Mens Rea: Types

• Specific intent: The defendant acted with a specific purpose.
• General intent: The defendant acted with the intent to commit an act that is prohibited by law (need not have intended to violate law nor be aware law makes act criminal).
• Strict liability: Liability for the act itself, regardless of intent or mens rea.
• Willful/Wanton Misconduct: Action with reckless disregard, demonstrated by a high risk of harm.
• Criminal negligence: Failure to act as a reasonable person would, resulting in a foreseeable risk of harm.
• Malice: Malice may be evident in a person's recklessness; in some cases, it is considered evil intent.
• Knowledge/Willfulness: Intentional action, even if the defendant hopes he is not wrong.

Specific Intent

• The perpetrator has a specific purpose.
• This type of intent is often difficult to prove.
• Examples include solicitation, attempt, conspiracy, and theft crimes.

General Intent

• Defined by action; intent to commit the prohibited act.
• D need not have intended to violate the law nor be been aware act is criminal.
• Examples : rape, battery, false imprisonment.

Strict Liability

• Only the action is important, no mental state is needed.
• Exclusions of defenses include mistake and insanity.
• Examples include bigamy and statutory rape.

Willful/Wanton Misconduct

• The element is recklessness.
• An example is murder.

Criminal Negligence

• Measured by using the objective standard of a reasonable person.
• Involuntary manslaughter is an example.

Malice

• Defined by recklessness.
• Some jurisdictions also consider it to be evil intent or will to do harm.

Knowledge/Willfulness

• Defendant had a subjective belief in their actions.

Types of Crime

• Crimes against the person: Homicide, assault, battery, kidnapping.
• Crimes against property: Theft, robbery, embezzlement, arson (property damage/destruction).
• Preliminary crimes: Solicitation, conspiracy, attempt (actus reus & mens rea).

Homicide/Murder

• Homicide: The unlawful killing of a human being by another.
• Murder: Specific form of homicide; unlawful killing with malice aforethought.
  • Degrees of murder vary based on intent (e.g., first degree, second degree, etc.).
  • Malice may be determined if intent to kill, intent to injure, wanton/reckless conduct, or felony murder rule is present.

Malice Required for Murder

• Intent to kill: Demonstrated by words or use of a deadly weapon.
• Intent to injure: Causes serious bodily harm.
• Wanton/reckless conduct: High risk of death.
• Felony murder rule: Homicide during a dangerous felony.

Malice- Murder Degrees

• First-degree murder: Specific Intent to Kill + Premeditation and Deliberation
• Second-degree murder: A broader, residual category of murders without premeditated intent to kill.

Defenses to Murder

• Justification: No criminal act (e.g., self-defense, defense of others);
• Excuse: No criminal intent (e.g., insanity, infancy, intoxication);
• Mitigation: Crime is lessened (e.g., imperfect self-defense, heat of passion, etc.).

Crimes Against Property

• Theft Crimes: Larceny, larceny by trick, false pretenses, robbery, embezzlement, receiving stolen property
• Structure Crimes: Burglary, arson

Larceny

• Taking and carrying away the tangible personal property of another with the intent to permanently deprive.

Larceny by Trick

• Victim voluntarily gives property due to fraud.

False Pretenses

• Getting title to property under false pretenses.

Robbery

• Larceny+force or fear.

Embezzlement

• Wrongfully converting entrusted property with intent to deprive.

Receiving Stolen Property

• Receiving stolen goods knowing or with reasonable belief they are stolen.

Structure Crimes

• Burglary: Trespassory breaking/entering a protected structure with intent to commit a felony.
• Arson: Burning a protected structure with malice.

Preliminary Crimes

• Solicitation: Asking/inducing another to commit a crime.
• Conspiracy: Agreement between two or more people to commit a crime.
• Attempt: Substantial step towards committing a crime, but the crime was not completed. Impossibility can be a defense.

Accomplice Liability

• Aider/abettor: Aids, abets, or encourages the commission of a crime.
  • Usually liable for foreseeable foreseeable acts.
• Accessory before and after the fact.
  • Accessory before or after the fact or obstruction of justice. This is generally a continuation of the crime even if the person does not participate in all stages.

Conspiracy Defenses

• Merger: Conspiracy does not merge with the target crime.
• Withdrawal: Must communicate intent to withdraw to cut off vicarious liability.
• Impossibility: Legal vs. factual defenses.

Attempt

• Substantial step towards perpetrating a crime.
• Impossibility could be a defense if the crime is legally impossible

Impossibility

• Factual Impossibility—an unknown factor(s) prevents commission of the crime;
• Legal Impossibility—the act planned is not a crime.