Criminal Law

Criminal Law

  • Substantive Criminal Law: Legal definitions of crimes

  • Criminal Procedure: Set of rules governing the proceedings of the court, rules governing police procedures/courts/correction officers



Rule of Law:

  • Prevents crime law from becoming a tool for dictators

  • No ex post facto laws

  • Vagueness doctrine

  • Strict Construction: Judges should interpret criminal laws as narrowly as possible

  • Common Law: “Judge Made”, based on precedent, Stare Decisis (stand by things decided)



Elements of a Crime:

  • Guilty Act (1st requirement): Actus Reus, harm done with free will, could occur in future (Inchoate Crimes)

  • Good Samaritan Laws: Typically, if citizens fail to act there is no criminal liability, some states require one give assistance to child victims

  • Guilty Mind (2nd requirement): Mens Rea, intent, recklessness (knowingly ignoring danger/aware of risks, does crime anyways), negligence (criminal “stupidity”, should’ve known the risks), strict liability (some crimes do not require mens rea, i.e. statutory rape laws; selling alcohol to minors)

  • Causation (3rd requirement): Act had to cause actual harm (not every crime has to cause direct harm), “victimless” crime

  • Have to be Proven: Beyond a reasonable doubt



Misdemeanors:

  • Punishable by fine, forfeiture, short-term confinement (e.g. jail)

  • Punishable with long term imprisonment


Criminal Defenses:

  • Anything defendant uses to get acquitted or reduce punishment

  • Failure of Proof: Prosecutor failed to show defendant committed crime beyond a reasonable doubt

  • Justification: Based on circumstances (committing a crime was the right thing to do), self-defense (reasonable amount of force for protection), necessity

  • Excuses: Insanity (M’Naughten Rule and Durham Test (mental disease/defect)), duress, age, alibi, entrapment, double jeopardy