Criminal Law Basics

Study Notes

Criminal law is a body of rules and statutes that define criminal offenses and prescribe penalties for those who commit them.
The primary purpose of criminal law is to protect society from harm and promote social order.

Actus Reus: The guilty act or omission that constitutes the physical element of a crime.
Mens Rea: The guilty mind or intention that accompanies the actus reus.
Causation: The link between the defendant's actus reus and the harm or result.

Felony: Serious crimes punishable by imprisonment for more than one year.
Misdemeanor: Less serious crimes punishable by fines or imprisonment for less than one year.
Inchoate Offenses: Crimes that involve preparing to commit another crime, such as attempt, conspiracy, or solicitation.

Voluntary Act: The defendant's action must be voluntary and not the result of coercion or circumstance.
Criminal Intent: The defendant must have had the required mens rea, such as intent, knowledge, or recklessness.
Concurrence: The actus reus and mens rea must occur together.
Harm: The defendant's action must have caused harm or resulted in a legally prohibited outcome.

Justification: The defendant's action was necessary to prevent harm to themselves or others.
Excuse: The defendant was not responsible for their actions due to circumstances such as insanity or duress.
Alibi: The defendant was not present at the scene of the crime.

Nullum Crimen Sine Lege: There is no crime without law.
Nulla Poena Sine Lege: There is no punishment without law.
Presumption of Innocence: The defendant is presumed innocent until proven guilty.
Burden of Proof: The prosecution must prove the defendant's guilt beyond a reasonable doubt.

Criminal law defines criminal offenses and prescribes penalties to protect society from harm and promote social order.

Actus Reus: the physical element of a crime, which is the guilty act or omission.
Mens Rea: the mental element of a crime, which is the guilty mind or intention.
Causation: the link between the defendant's actus reus and the harm or result.

Felony: a serious crime punishable by imprisonment for more than one year.
Misdemeanor: a less serious crime punishable by fines or imprisonment for less than one year.
Inchoate Offenses: crimes that involve preparing to commit another crime, such as attempt, conspiracy, or solicitation.

Voluntary Act: the defendant's action must be voluntary and not the result of coercion or circumstance.
Criminal Intent: the defendant must have had the required mens rea, such as intent, knowledge, or recklessness.
Concurrence: the actus reus and mens rea must occur together.
Harm: the defendant's action must have caused harm or resulted in a legally prohibited outcome.

Justification: the defendant's action was necessary to prevent harm to themselves or others.
Excuse: the defendant was not responsible for their actions due to circumstances such as insanity or duress.
Alibi: the defendant was not present at the scene of the crime.

Nullum Crimen Sine Lege: there is no crime without law, meaning that conduct cannot be criminalized unless there is a specific law prohibiting it.
Nulla Poena Sine Lege: there is no punishment without law, meaning that punishment must be based on a specific law.
Presumption of Innocence: the defendant is presumed innocent until proven guilty.
Burden of Proof: the prosecution must prove the defendant's guilt beyond a reasonable doubt.