Criminal Law: Sources and Elements

• Criminal law deals with offenses against society, while criminal procedure outlines the rules for enforcing criminal law.

Sources of Criminal Law

• Statutes are the primary source of criminal law, defining crimes and punishments.
• Common law continues to influence criminal law, particularly in interpreting statutes and defining certain defenses.
• The Model Penal Code (MPC) is a set of model criminal laws developed by the American Law Institute. It isn't law itself, but it has influenced many state statutes.

Elements of a Crime

• Actus Reus: This is the physical act that constitutes the crime.
  • It must be a voluntary act.
  • Omissions can constitute an actus reus when there is a legal duty to act.
• Mens Rea: This is the mental state of the defendant at the time of the crime, also known as the guilty mind.
  • Specific intent crimes require a particular mental state above and beyond the act itself (e.g., intent to cause harm).
  • General intent crimes only require that the defendant intended to commit the act.
  • Strict liability crimes do not require mens rea; the act itself is sufficient for guilt.
• Causation: The defendant's act must be the direct and proximate cause of the harm.
  • Direct cause means the harm would not have occurred without the defendant's act.
  • Proximate cause means the harm was a foreseeable result of the defendant's act.

Types of Crimes

• Crimes against persons include homicide, assault, battery, and kidnapping.
  • Homicide is the killing of another human being. It can be murder, manslaughter, or criminally negligent homicide, depending on the mens rea.
  • Assault is an attempt to commit battery, or intentionally placing another in fear of immediate bodily harm.
  • Battery is unlawful physical contact with another person without their consent.
  • Kidnapping is unlawful confinement of a person with movement or hiding the victim in a secret place.
• Crimes against property include theft, burglary, arson, and robbery.
  • Theft involves taking someone's property with the intent to permanently deprive them of it.
  • Burglary is entering a building with the intent to commit a crime inside.
  • Arson is intentionally setting fire to a structure.
  • Robbery is theft accomplished by force or threat of force.
• Inchoate crimes are incomplete crimes, like attempt, solicitation, and conspiracy.
  • Attempt requires the intent to commit a crime and a substantial step toward its completion.
  • Solicitation is enticing or requesting another to commit a crime.
  • Conspiracy is an agreement between two or more people to commit a crime, with an overt act in furtherance of the crime.

Defenses to Criminal Charges

• Insanity: The defendant lacked the mental capacity to understand the nature of their actions or that they were wrong.
• Self-defense: The defendant used reasonable force to protect themselves from imminent harm.
• Duress: The defendant was forced to commit the crime under threat of immediate harm.
• Entrapment: Law enforcement induced the defendant to commit a crime they would not otherwise have committed.
• Mistake of fact: The defendant committed the crime based on an honest and reasonable misunderstanding of the facts.

Criminal Procedure Overview

• Criminal procedure governs the process by which suspected criminals are investigated, arrested, tried, and punished.
• It balances the rights of the individual with the need for public safety and order.
• The Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution are the foundation of criminal procedure.

Fourth Amendment: Search and Seizure

• Protects against unreasonable searches and seizures.
• Requires probable cause for warrants.
• The Exclusionary Rule prohibits the use of illegally obtained evidence in court.
• Exceptions to the warrant requirement include:
  • Consent
  • Plain view
  • Exigent circumstances
  • Search incident to arrest
  • Automobile exception
  • Stop and frisk

Fifth Amendment: Self-Incrimination and Due Process

• Protects against self-incrimination (the right to remain silent).
• Guarantees due process of law (fair treatment through the normal judicial system).
• Double jeopardy clause: protects against being tried twice for the same crime.
• Miranda Rights: the right to remain silent and the right to an attorney, must be given to a suspect in custody before interrogation.
  • Custody is when a reasonable person would not feel free to leave.
  • Interrogation is questioning designed to elicit an incriminating response.

Sixth Amendment: Right to Counsel and Speedy Trial

• Guarantees the right to an attorney.
• Provides the right to a speedy and public trial.
• Guarantees the right to confront witnesses.
• The right to counsel applies at all critical stages of the criminal process.
• Ineffective assistance of counsel can be grounds for appeal.

Eighth Amendment: Cruel and Unusual Punishment

• Prohibits cruel and unusual punishment.
• Prevents excessive bail and fines.
• Death penalty laws are subject to strict scrutiny under the Eighth Amendment.

Pretrial Procedures

• Arrest: The taking of a person into custody based on probable cause.
• Arraignment: The defendant is informed of the charges and enters a plea.
• Preliminary Hearing: A hearing to determine whether there is probable cause to proceed to trial.
• Grand Jury: A panel of citizens decides whether there is sufficient evidence to indict (formally accuse) the defendant.
• Plea Bargaining: Negotiation between the prosecution and the defense, resulting in a guilty plea in exchange for concessions.

Trial Procedures

• Jury Selection: Process of selecting a fair and impartial jury.
• Opening Statements: Attorneys outline their case to the jury.
• Presentation of Evidence: Prosecution presents evidence to prove guilt beyond a reasonable doubt; defense can present evidence to rebut the prosecution's case.
• Closing Arguments: Attorneys summarize the evidence and argue their case to the jury.
• Jury Instructions: Judge instructs the jury on the law they must apply.
• Jury Deliberation: Jury discusses the evidence and renders a verdict.
• Verdict: The jury's decision; guilty or not guilty.

Post-Trial Procedures

• Sentencing: The judge imposes a sentence on the defendant.
• Appeals: The defendant can appeal their conviction based on errors of law or procedure.
• Habeas Corpus: A writ seeking release from unlawful detention.

Burden of Proof

• The prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt.
• The defense may have the burden of proving certain affirmative defenses.
• Evidence must be relevant and admissible to be presented at trial.