Criminal Law: General Concepts

Study Notes

Criminal Law: General Concepts

Criminal law defines offenses against the state, punishable by fines, imprisonment, or other penalties. It differentiates criminal from civil wrongs.
Criminal acts are harms to society as a whole, not just private parties.
The state prosecutes criminal cases, not the victim.
The burden of proof in criminal cases is "beyond a reasonable doubt," higher than "preponderance of evidence" in civil cases. This ensures a correct outcome, avoiding convictions based on suspicion.

Key Elements of a Crime

Actus Reus (guilty act): A voluntary criminal act or omission. Requires a physical action or failure to act when legally obligated. Failing to provide care for someone under your responsibility is an example.
Mens Rea (guilty mind): Criminal intent or mental state. Requirement varies by crime (recklessness to purposeful intent). Strict liability offenses are exceptions, where mens rea isn't needed.
Concurrence: Actus reus and mens rea must occur together in time.
Causation: A causal link between the defendant's actions and the harm.
Harm: A criminal act causes harm, to a person or society.

Crime Classifications

Felonies: Serious crimes with potential sentences over a year in prison. Examples include murder, robbery, and rape.
Misdemeanors: Less serious crimes, potentially punishable by fines or less than a year in prison. Examples are petty theft and disorderly conduct.
Petty offenses: Minor violations, often punishable only by fines. Traffic violations are examples.

Defenses to Criminal Charges

Self-defense: Using force to protect oneself or another from immediate danger. Force used must be necessary and proportionate.
Duress: Being forced to commit a crime under threat of immediate harm.
Insanity: Legal defense claiming the defendant couldn't understand their actions or they were wrong due to mental illness at the time. Standard varies by jurisdiction.
Intoxication: Voluntary or involuntary intoxication can be a defense in some cases.
Necessity: The defendant committed a crime to prevent a greater evil.
Entrapment: The defendant was induced or persuaded by law enforcement into committing the crime.
Mistake of Fact: An honest mistake about a relevant fact, like believing one is using someone else's property.

Criminal Procedure

Arrest: Taking a suspect into custody.
Probable cause: Reasonable grounds to believe a crime has been committed.
Search and seizure: Government agents need a warrant, based on probable cause, to search or seize property. Exceptions exist.
Arraignment: Formal reading of charges, defendant enters a plea.
Trial: Presentation of evidence and testimony to determine guilt or innocence. Role of jury depends on jurisdiction and crime.
Sentencing: Imposing punishment on convicted offenders.
Appeals: Review of a trial court decision for legal errors.

Specific Crimes (Examples)

Homicide: Murder, manslaughter
Robbery: Taking property from another person by force or threat.
Burglary: Breaking and entering a dwelling or structure with criminal intent.
Assault: Threatening or attempting harm to another person.
Rape: Forced sexual intercourse.

Description

This quiz explores the fundamental concepts of criminal law, including the distinction between criminal and civil wrongs. It covers key elements such as actus reus and mens rea, as well as the state's role in prosecuting criminal cases. Test your understanding of these essential legal principles.