Law and Justice: Criminal Law

four elements of a crime

Mens Rea
Actus Reus
Causation
Concurrence

mens rea

the mental requirement in criminal law, aka the guilty mind

four categories of mens rea

intent
knowledge
recklessness
criminal negligence

intent

the conscious desire to commit an illegal act

knowledge

a person is aware that their actions will have negative results but does not care

recklessness

consciously taking a risk that a responsible person would not take

criminal negligence

a person's failure to meet a reasonable standard of care for the lives and safety of others

actus reus

the physical part of a crime, or the guilty act; typically describes what the defendant must do

omission

failing to preform an act required by criminal law, if a person is physically able to preform the act

state of being/affairs

an offense in which a person is not actively committing the act, but is still in violation of the law

causation

the defendant's conduct must be linked to the resulting harm

cause and fact

the harm caused would not have occurred if the defendant had not acted the way they did

proximate cause

the defendant should have been able to foresee the consequences of their actions

concurrence

mens rea and actus reus must take place simultaneously, meaning the criminal must have had intent while committing the guilty act

motive

the reason why an illegal act was preformed

strict liability offenses

are crimes regardless of a guilty state of mind, meaning they only need an actus reus, not a mens rea

battery

any unlawful physical contact inflicted by one person upon another without consent; actual injury is not necessary, the only requirement is the intention to do bodily harm

assault

any attempt or threat to carry out a physical attack upon another person

stalking

a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury

rape

the act of unlawful sexual intercourse committed by a man with a woman by force or without her consent

statutory rape

sexual intercourse by a man with a woman who has not yet reached the legal age of consent

sexual offense

same as statutory rape except victim is a male

most serious type of criminal homicide

murder which is done with malice

malice

the intent to kill or seriously harm or acting in an extremely reckless manner

first-degree murder

killing that is premeditated and done with malice

second-degree murder

killing that is done with malice, but without premeditation or deliberation

felony murder

any killing that takes place during the commission of certain felonies, such as arson, rape, robbery, or burglary

voluntary manslaughter

a killing that would otherwise be murder, but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control or act rashly

involuntary manslaughter

an unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury

negligent homicide

the causing of death through criminal negligence or the failing to exercise a reasonable or ordinary amount of care in a situation that causes extreme harm to someone

noncriminal homicide

killing that is justifiable or excusable and for which the killer is deemed faultless

ten steps in a trial

1. crime occurs
2. investigation
3. arrest
4. booking
5. initial appearance
6. preliminary hearing
7. bail or detention
8. pre-trial activities
9. trial or guilty plea
10. sentencing

preliminary hearing

may be used instead of a grand jury in 50% of states; if a judge deems it necessary, at this point, the grand jury will meet to decide whether or not the subject will stand trial; if the grand jury decides that they should, the subject is indicted

pre-trial activities

plea bargains, motions

sentencing

probation
prison
death penalty
acquittal

probation

if violated, the defendant must go to prison

prison

after a successful sentence is completed, parole may be assigned; if parole is violated, the defendant will go back to prison

crime

an act that breaks a law and causes harm to people or society in general

booking

the formal process of making a record of an arrest; accused will be finger printed and photographed and may have their blood/urine tested

during booking, accused must provide

name
date of birth
address
employer
details of previous arrests

in felony case after initial appearence

it goes to preliminary hearing where prosecutor must establish that the accused probably committed the crime using witnesses and physical evidence; if accused is arraigned, they may enter a plea

grand jury

meets to decide whether or not there is sufficient evidence for the accused to stand trial; receive evidence from prosecution and can question witnesses

indictment

signed by grand jury if they decide there is enough evidence for the accused to stand trial

after preliminary hearing

defendant either sentenced to detention (jail) or let out on bail

conspiracy

an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors

burglary

the criminal offense of breaking and entering a building illegally for the purpose of committing a crime

felony

a serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year

extortion

the obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right

sexual assault

any type of sexual contact or behavior that occurs without the explicit consent of the recipient

forgery

the creation of a false written document or alteration of a genuine one, with the intent to defraud

larceny

the unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession

receiving stolen property

the offense of acquiring goods with the knowledge that they have been stolen, extorted, embezzled, or unlawfully taken in any manner

suicide

the deliberate taking of one's own life

tobacco sales to minors

no federal law that prevents this, but the Federal Department of Health and Human Services can withhold grant money to any state that does not have laws prohibiting it; all 50 states, including the District of Columbia, have laws in place that make it ill

unauthorized use of a motor vehicle

refers to the use of a motor vehicle for a person's own purpose without the consent of the owner; the vehicle is used or retained for purposes not consented or authorized by the owner

uttering

passing or making use of a forged writing or document with knowledge of its forged nature

accused

the defendant in a criminal case; person becomes accused within the meaning of a guarantee of speedy trial only at the point at which either formal indictment or information has been returned against him or her, or when he or she becomes subject to actual

hacking

the deliberate and unauthorized access, use, disclosure, and/or taking of electronic data on a computer and is covered under federal and varied state criminal statutes