Criminal law
The purpose of criminal law is to punish an offender for causing harm to public health, safety, or morals. In a criminal proceeding, the government files the charges against the defendant. Thus, the gov is always a party to criminal action. Government inv
Criminal procedure
The elements needed to prove criminal and civil cases are different, but the steps of civil and criminal procedure are the same. The defendant also has additional protections in a criminal case, such as the burden of proof is beyond a reasonable doubt.
Elements of a crime
Criminal laws usually define criminal behavior and set guidelines for punishment. To punish an individual for criminal behavior, the gov must demonstrate the 2 elements of a crime:
1. Wrongful behavior: actus reus (guilty act)
2. Wrongful state of mind: m
Actus reus
Latin for "guilty act": a wrongful behavior that is associated with the physical act of a declared crime
Mens rea
Latin for "guilty mind": the mental state accompanying a wrongful behavior
Proving actus reus
To prove the first element of a crime, the gov must establish the non-mental elements of the crime. That is, the gov must demonstrate that a prohibited act or a prohibited consequence resulted because of the behavior of the defendant.
Proving mens rea
To prove the second element of a crime, the gov must prove that the defendant acted with the state of mind required by the law defining the relevant offense. The state of mind required by an offense may be purposeful, knowing, reckless, or negligent. The
Purposeful state of mind
A defendant can purposefully commit a crime by engaging in a specific wrongful behavior to bring about a specific wrongful result
Knowing state of mind
A defendant can knowingly commit a wrongful act if the person knows the act is wrongful or believes that the act is wrongful yet does nothing to confirm or disconfirm this belief.
Reckless state of mind
A defendant is reckless if a criminal act occurs when the individual consciously ignores substantial risk.
Negligent state of mind
A defendant is negligent if he or she does not meet a standard care that the reasonable person would use in the context that led to the criminal act.
Liability without fault / Strict liability
In certain cases, liability may be assessed even without establishing the guilty-mind criterion. This involves actions that, regardless of the car taken, are deemed illegal to engage in; such acts are specifically prohibited regardless of state of mind.
Classification of crimes
Crimes are divided into categories based on the seriousness of the offense. The statute defining the crime usually establishes which category the crime falls under.
1. Felonies
2. Misdemeanors
3. Petty crimes
Felony
A serious crime, such as murder, rape, or robbery, that is punishable by imprisonment for more than one year or by death
Misdemeanor
A crime that is less serious than a felony and is punishable by and fine and/or imprisonment for less than one year
Petty Offense
A minor crime that is punishable by a small fine and/or imprisonment for less than six months in jail