Basic Principles

Elements of a Crime

Actus Reus, Mens Rea, Causation, Concurrence

Theories of Punishment

Retribution, Deterrence, Rehabilitation, Incapacitation

Presumption of Innocence

The burden of proof for criminal cases rests with the prosecution to prove “beyond a reasonable doubt”

Rule of Lenity

(1) All doubts when reading a criminal statute should be resolved in favor of the defendant

(2) An ambiguity or uncertainty must be “grievous” in order to invoke the Rule of Lenity

Resolving Ambiguity

(1) Plain language of the statute

(2) Intent of the statutory framework

Actus Reus

A voluntary act or omission. Failure to act is a breach of legal duty where: one stands in a certain status relationship to another; one has assumed contractual duty of care for another or a statute imposes a duty of care; one was integral to the creation of the risk; or one has voluntarily assumed care of one so secluded and helpless as to prevent others from rendering aid.

Good Samaritan Laws

(1) Protect from civil liability those who attempt to help or rescue others in emergency situations

(2) Impose an affirmative duty on ordinary people to assist another in need

Status Crimes

Statutes are prohibited from criminalizing a state of being, one must take affirmative action to commit a crime. This includes classes such as the state of being addicted to illegal narcotics and the state of homelessness.

Mens Rea

The particular mental state provided for in the definition of a particular offense, also referred to as the scienter or intent

Common Law Mens Rea

There is no set list of terms to describe mens rea. Terms may include willfully, maliciously, corruptly, intentionally, knowingly, recklessly, and negligently.

General Intent

Intending to complete the criminal act and nothing more

Specific Intent

Intending a specific outcome of the action, or any mens era beyond the mere act

MPC 2.02 Mens Rea

The MPC recognizes only four mens rea: purposely, knowingly, recklessly, and negligently. Where no mens rea is specified the element is satisfied with any intent beyond negligence. Mens rea applies only to material elements of a statute.

Material Statutory Elements

Purposely

Knowingly

Recklessly

Negligently

Criminal Negligence