Criminal Law: General Concepts

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.