Crimes Act of 1790

The Crimes Act of 1790 (or the Federal Criminal Code of 1790), formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes."

As an enactment of the First Congress, the Crimes Act is often regarded as a quasi-constitutional text. The punishment of treason, piracy, counterfeiting, as well as crimes committed on the high seas or against the law of nations, followed from relatively explicit constitutional authority. The creation of crimes within areas under exclusive federal jurisdiction followed from the plenary power of Congress over the "Seat of the Government," federal enclaves, and federal territories. The creation of crimes involving the integrity of the judicial process derived from Congress's authority to establish such courts.

Crimes Act of 1825

The Crimes Act of 1825 (also known as the Federal Criminal Code of 1825), formally titled An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790. In general, the 1825 act provided more punishment than the 1790 act. The maximum authorized sentence of imprisonment was increased from 7 to 10 years; the maximum fine from $5,000 to $10,000. But, the punishments of stripes and pillory were not provided for.

Drafted by Justice Joseph Story, and sponsored by Representative Daniel Webster of Massachusetts, the statute defined a series of new federal crimes applicable in areas under exclusive federal jurisdiction—the District of Columbia, federal territories, and federal enclaves—as well as felonies on the high seas and under federal admiralty and maritime jurisdiction.

Background

The Crimes Act of 1825 was "drawn along the same lines" as the Crimes Act of 1790, but "more comprehensive.” Justice Joseph Story was an advocate for expanded federal jurisdiction, and in particular argued that the Judiciary Act of 1789 authorized the federal courts to define and punish common law offenses. Although the common law crimes approach was rejected by the Supreme Court, "[w]hat Story was not able to do as a Justice he remedied through his friendship with Webster, then Chairman of the House Judiciary Committee." Other statutes drafted by Story include the Bankruptcy Act of 1841 and the Admiralty Jurisdiction Act of 1845.

Crimes Act 1900

The Crimes Act 1900 is a New South Wales statute that codifies the common law crimes for the state of New South Wales in Australia. Along with the Crimes Act 1914 and the Federal Criminal Code Act 1995 (both federal), these two pieces of legislation form the majority of criminal law for New South Wales.

As it is the major criminal law statute for New South Wales, it is an extensive legal document of 582 different sections, which define an extensive list of offences under New South Wales law.

Murder law

For a person to be guilty of murder, the prosecution must prove the actus reus and mens rea for murder under NSW law. The actus reus (the act) of murder is evident - A causes B's death.

The most culpable mens rea for murder is intent to kill. If A intended to kill B, whether it was premeditated or on the spur of the moment, A is guilty of murder.

Under NSW law, the next most culpable state is intent to cause grievous bodily harm - so if A inflicts grievous bodily harm on B and B dies, A is guilty of B's murder.