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Criminal Law - Notes

Simple Criminal Law Notes

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18 views3 pages

Criminal Law - Notes

Simple Criminal Law Notes

Uploaded by

202110073
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Criminal Law: Basic Concepts

1. Introduction to Criminal Law

Definition: Criminal law involves a system of laws concerned with punishment of individuals who
commit crimes.

Purpose: To maintain public order and safety by deterring and punishing criminal behavior.

2. Elements of a Crime

Actus Reus: The physical act of the crime. It refers to the unlawful act or omission that constitutes
the offense.

Mens Rea: The mental state or intent of the person committing the crime. It refers to the guilty mind
or intention behind the act.

Concurrence: The principle that the actus reus and mens rea must occur together for a crime to be
committed.

Causation: Establishing that the defendant’s actions caused the harm or result.

Factual Causation: "But for" the defendant’s actions, the result would not have occurred.

Legal Causation: The result must be a foreseeable consequence of the defendant’s actions.

3. Categories of Crimes

Felonies: Serious crimes, often punishable by imprisonment for more than one year or by death.

Example: Murder, Rape, Robbery.

Misdemeanors: Less serious crimes, usually punishable by imprisonment for less than one year or
fines.

Example: Theft, Assault, Vandalism.

Infractions: Minor violations, often punishable by fines only.

Example: Traffic violations.

4. Parties to a Crime

Principal: The person who directly commits the crime.

Accomplice: A person who helps or encourages the principal to commit the crime.

Accessory Before the Fact: A person who helps plan or prepare for the crime but is not present
during its commission.

Accessory After the Fact: A person who helps the principal avoid capture after the crime has been
committed.

5. Defenses to Criminal Charges


Self-Defense: Using reasonable force to protect oneself from an imminent threat of harm.

Insanity Defense: Claiming the defendant was not responsible for their actions due to a mental
disorder.

Duress: Committing a crime because of the immediate threat of harm from another person.

Necessity: Committing a crime to prevent a greater harm.

Entrapment: Being induced by law enforcement to commit a crime that the defendant would not
have otherwise committed.

6. Homicide

Types of Homicide:

First-Degree Murder: Premeditated, intentional killing.

Second-Degree Murder: Intentional killing that is not premeditated.

Manslaughter: Killing without the intent to kill, often categorized into:

Voluntary Manslaughter: In the "heat of passion" due to adequate provocation.

Involuntary Manslaughter: Due to reckless or negligent actions.

Felony Murder Rule: If a death occurs during the commission of a felony, the participants can be
charged with murder, even if they didn’t intend to kill.

7. Inchoate Offenses

Attempt: Taking a substantial step towards committing a crime, even if the crime is not completed.

Conspiracy: An agreement between two or more people to commit a crime.

Solicitation: Encouraging, requesting, or commanding someone to commit a crime.

8. Theft and Property Crimes

Larceny: The unlawful taking of someone else's property with the intent to permanently deprive
them of it.

Robbery: Taking property from a person by force or threat of force.

Burglary: Unlawful entry into a building with the intent to commit a crime inside.

Embezzlement: Fraudulent taking of property by someone who is in lawful possession of it.

9. Crimes Against Persons

Assault: The intentional act of causing another person to fear immediate bodily harm.

Battery: The unlawful physical contact with another person without their consent.

Kidnapping: Unlawfully taking and detaining a person against their will.


Rape/Sexual Assault: Non-consensual sexual activity, often involving force or threat of force.

10. Constitutional Protections in Criminal Law

Fourth Amendment: Protects against unreasonable searches and seizures.

Fifth Amendment: Protects against self-incrimination and double jeopardy.

Sixth Amendment: Provides the right to a fair and speedy trial, an impartial jury, and legal
representation.

Eighth Amendment: Prohibits excessive bail, fines, and cruel and unusual punishment.

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