Criminal Law: Actus Reus, Mens Rea & Causation

• Criminal law addresses actions deemed harmful to society at large

Elements of a Crime

• Actus Reus: The physical act of committing a crime, or failing to act when legally obligated
  • Must be voluntary
  • Omissions qualify as actus reus when a duty to act exists, such as a parent's duty to their child
• Mens Rea: The defendant's mental state or intent when the crime occurred
  • Levels of intent include intention, recklessness, and negligence
  • Strict liability offenses are crimes where the act is criminal, regardless of mens rea
• Causation: The act must directly cause the harm
  • Requires a direct link between the act and the resulting harm
  • Intervening acts can sever the chain of causation

Types of Crimes

• Crimes against the person: Offenses causing bodily harm or death
  • Murder: Unlawful killing with malice aforethought
  • Manslaughter: Unlawful killing without malice aforethought, either voluntary or involuntary
  • Assault: Threat of harm or unwanted physical contact
  • Battery: Physical contact without consent
  • Rape: Sexual intercourse without consent
• Crimes against property: Offenses involving theft or damage to property
  • Theft: Taking property without consent, intending to permanently deprive the owner
  • Burglary: Entering a building with intent to commit a crime
  • Arson: Intentionally setting fire to property
  • Vandalism: Intentionally damaging or destroying property
• Inchoate crimes: Incomplete crimes or preparatory actions
  • Attempt: Taking substantial steps toward committing a crime, intending to complete it
  • Conspiracy: Agreement between two or more people to commit a crime
  • Solicitation: Asking someone else to commit a crime
• Crimes against the State: Actions harmful to the Government
  • Treason: Betrayal of one's country
  • Sedition: Incitement of discontent or rebellion against a government

Defenses to Criminal Charges

• Insanity: The defendant lacked the mental capacity to understand their actions or that they were wrong
  • Varies by jurisdiction, including the M'Naghten rule and irresistible impulse test
• Self-Defense: Using reasonable force to protect oneself from imminent harm
  • The force must be proportionate to the threat
• Duress: Committing a crime under threat of immediate danger
• Necessity: Committing a crime to prevent a greater harm
• Entrapment: Law enforcement induces someone to commit a crime they wouldn't otherwise commit
• Mistake of Fact: An honest and reasonable mistake negating the required mental state
  • Doesn't apply if the defendant would have committed another crime regardless of the mistaken facts

Criminal Procedure

• Arrest: Taking a person into custody based on probable cause
  • Requires probable cause: a reasonable belief a crime has been committed
  • Warrants are generally needed for arrests in private places
• Arraignment: The defendant is informed of the charges and enters a plea
  • Pleas include guilty, not guilty, and no contest (nolo contendere)
• Preliminary Hearing: Determines if sufficient evidence exists to proceed to trial
  • The judge decides if there is probable cause to believe the defendant committed the crime
• Pre-Trial Motions: Requests made to the court before the trial begins
  • Motion to Suppress: Requests that certain evidence be excluded
• Trial: Formal examination of evidence to determine guilt or innocence
  • The prosecution must prove guilt beyond a reasonable doubt
  • The defendant has the right to counsel, to confront witnesses, and to present a defense
  • Jury selection involves choosing impartial jurors
• Sentencing: The punishment imposed on a defendant found guilty
  • Includes imprisonment, fines, probation, or community service
  • Factors include the crime's severity, the defendant's criminal history, and mitigating or aggravating circumstances
• Appeals: Asking a higher court to review a decision
  • Typically based on errors of law or procedure

Constitutional Rights of the Accused

• Fourth Amendment: Protection against unreasonable searches and seizures
  • Illegally obtained evidence may be excluded (exclusionary rule)
• Fifth Amendment: Protection against self-incrimination and double jeopardy
  • Includes the right to remain silent and due process
• Sixth Amendment: Right to a speedy and public trial, counsel, and confrontation of witnesses
• Eighth Amendment: Protection against cruel and unusual punishment

Parties to a Crime

• Principal: The person who commits the crime
• Accomplice: Someone who helps or encourages the principal
  • Must intend to assist in the crime's commission
• Accessory Before the Fact: Aids or abets the crime before it happens, but is not present during the crime
• Accessory After the Fact: Helps the principal after the crime, knowing it was committed

Punishment

• Fines: Monetary payments
• Imprisonment: Confinement in jail or prison
• Probation: Supervised release into the community
• Community Service: Work for the benefit of the community
• Restitution: Payment to the victim for damages
• Capital Punishment: The death penalty (in some jurisdictions)

Juvenile Justice

• A separate system for minors (usually under 18)
• Focuses on rehabilitation over punishment
• Procedures are less formal than adult criminal court
• Different terminology is used (e.g., "delinquent act" instead of "crime")

Burden of Proof

• The prosecution must prove the defendant's guilt beyond a reasonable doubt
• The defendant is presumed innocent until proven guilty

Key Concepts

• Due Process: Fair treatment through the judicial system
• Equal Protection: All individuals are treated equally under the law
• Double Jeopardy: Cannot be tried twice for the same crime
• Exclusionary Rule: Illegally obtained evidence is inadmissible in court