Criminal Law Basics: Actus Reus, Mens Rea, and Defenses

What is the primary difference between criminal law and civil law?

Criminal law involves the government prosecuting a defendant, while civil law usually involves one private party suing another.

What is the goal of criminal law?

To punish crime and protect society.

What must the prosecution prove in a criminal case?

Guilt beyond a reasonable doubt.

What type of protections does a defendant have in a criminal trial?

Major constitutional protections.

What is the standard of proof in civil law cases?

Preponderance of the evidence.

What does the Double Jeopardy Clause prevent?

It generally prevents the same government from prosecuting someone again for the same offense after an acquittal or conviction.

What is the dual-sovereignty doctrine?

It allows different governments (state and federal) to prosecute the same conduct under their own laws.

What is the Model Penal Code (MPC)?

A model set of criminal-law rules created by the American Law Institute to organize and standardize criminal law.

What is the difference between a jury trial and a bench trial?

In a jury trial, a jury decides questions of fact; in a bench trial, the judge decides both the law and the facts.

What does 'corpus delicti' mean?

It refers to proof that a crime actually occurred, not necessarily a literal body.

What are the five basic elements of a crime?

Actus reus, mens rea, concurrence, causation, and harm.

What is actus reus?

The criminal act or legally prohibited conduct.

What is mens rea?

The required guilty mental state, which can include purposely, knowingly, recklessly, and negligently.

What does 'concurrence' refer to in criminal law?

The requirement that mens rea and actus reus must exist together.

What is causation in the context of a crime?

The requirement that the defendant's conduct must have a connection to the prohibited result.

What is harm in criminal law?

The type of harm that the law is meant to prohibit, which can include property loss or public harm.

What defines a misdemeanor?

A less serious criminal offense usually carrying less severe punishment than a felony.

What defines a felony?

A more serious criminal offense that can result in substantial imprisonment and serious consequences.

What is a capital crime?

A particularly serious offense for which the death penalty may be legally authorized.

What are inchoate crimes?

Crimes that are incomplete or not fully carried out, such as attempt, conspiracy, and solicitation.

What is a strict liability offense?

An offense that does not require proof of the usual criminal mental state for at least one important element.

What is the burden of proof in a criminal conviction?

The prosecution must prove every required element of the crime beyond a reasonable doubt.

What is an affirmative defense?

An affirmative defense claims that even if the act was committed, the law provides a justification or excuse.

What is self-defense?

Self-defense allows a person to use reasonable force to protect themselves from an imminent unlawful threat.

What are the requirements for self-defense?

The threat must be immediate, force must be proportionate, and deadly force requires a threat of death or serious bodily harm.

What is the defense of others?

Defense of others is similar to self-defense, but the defendant is protecting another person.

What does the Castle Doctrine entail?

The Castle Doctrine allows individuals to defend themselves against unlawful intrusions into their home with less obligation to retreat.

Can deadly force be used to protect property?

Generally, deadly force cannot be used merely to protect property; life is prioritized over property.

What do stand-your-ground laws do?

Stand-your-ground laws remove the duty to retreat before using lawful defensive force in certain situations.

What is the necessity defense?

The necessity defense allows committing a crime to prevent a greater harm.

What are the typical requirements for the necessity defense?

1. Imminent or serious danger; 2. Defendant did not create the situation; 3. No reasonable legal alternative; 4. Harm prevented was greater than harm caused.

How does necessity differ from self-defense?

Necessity can involve natural dangers, while self-defense responds to unlawful human threats.

What constitutes a voluntary act in criminal liability?

A voluntary act is a bodily movement that is not reflexive, convulsive, or made while unconscious.

What is an omission in the context of actus reus?

An omission is the failure to act, which can become actus reus if there was a legal duty to act.

What are common sources of legal duty to act?

1. Statute; 2. Relationship (e.g., parent-child); 3. Contract; 4. Voluntary assumption of care; 5. Creation of danger.

What is possession in criminal law?

Possession can count as actus reus if the person knowingly possesses illegal material.

What is actual possession?

Actual possession means the object is physically on the person.

What is constructive possession?

Constructive possession means the object is not physically on the person but they have control over it.

What is the status in criminal law?

The government generally cannot criminalize a person merely for their status or condition.

What is the felony murder rule?

The felony murder rule holds a person guilty of murder if a death occurs during the commission of certain serious felonies.

What are classic qualifying felonies for the felony murder rule?

Robbery, burglary, arson, rape, and kidnapping.

What is the difference between criminal and civil law?

Criminal law involves government punishment and requires proof beyond a reasonable doubt, while civil law involves private lawsuits and compensation with a preponderance of evidence.

What is the difference between actus reus and mens rea?

Actus reus refers to what you did (the act), while mens rea refers to what you intended or knew (the mind).

What is an inchoate crime?

An inchoate crime exists even if the ultimate offense was not completed.

What is double jeopardy?

Double jeopardy prevents a second prosecution by the same sovereign for the same offense, but state and federal governments can separately prosecute the same conduct.

What is the difference between bench and jury trials?

In a bench trial, the judge decides guilt; in a jury trial, the jury decides guilt.