Criminal Law Basics

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Questions and Answers

What is the primary purpose of criminal law?

  • To protect society from harm and promote social order (correct)
  • To provide compensation to victims
  • To rehabilitate offenders
  • To punish offenders

What is the term for the guilty act or omission that constitutes the physical element of a crime?

  • Mens Rea
  • Concurrence
  • Actus Reus (correct)
  • Causation

What type of crime is punishable by imprisonment for more than one year?

  • Misdemeanor
  • Criminal Intent
  • Inchoate Offense
  • Felony (correct)

What is the term for the link between the defendant's actus reus and the harm or result?

<p>Causation (A)</p> Signup and view all the answers

What is a defense that claims the defendant was not responsible for their actions due to circumstances?

<p>Excuse (A)</p> Signup and view all the answers

What is the stage of criminal procedure where evidence is gathered and the crime is investigated?

<p>Investigation (D)</p> Signup and view all the answers

What is the principle that states there is no crime without law?

<p>Nullum Crimen Sine Lege (B)</p> Signup and view all the answers

What is the term for the defendant's action being voluntary and not the result of coercion or circumstance?

<p>Voluntary Act (A)</p> Signup and view all the answers

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Study Notes

Definition and Purpose

  • 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.

Key Concepts

  • 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.

Types of Crimes

  • 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.

Elements of a Crime

  • 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.

Defenses

  • 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.

Criminal Procedure

  • Investigation: Law enforcement gathers evidence and investigates the crime.
  • Arrest: The defendant is taken into custody.
  • Charging: The prosecutor decides which crimes to charge the defendant with.
  • Trial: The defendant is tried before a judge or jury.
  • Sentencing: The defendant is punished for their crime.

Key Principles

  • 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.

Definition and Purpose

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

Key Concepts

  • 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.

Types of Crimes

  • 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.

Elements of a Crime

  • 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.

Defenses

  • 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.

Criminal Procedure

  • Investigation: law enforcement gathers evidence and investigates the crime.
  • Arrest: the defendant is taken into custody.
  • Charging: the prosecutor decides which crimes to charge the defendant with.
  • Trial: the defendant is tried before a judge or jury.
  • Sentencing: the defendant is punished for their crime.

Key Principles

  • 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.

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