Criminal Law Chapter 15, §6

The Basics Defendant - The person charged with committing the crime; Defendant - The person charged with committing the crime; Plaintiff/Prosecution - Always the Government in a criminal law case Plaintiff/Prosecution - Always the Government in a criminal law case The case is brought by the Government in the name of “The People” The case is brought by the Government in the name of “The People” The Government has the burden of proof The Government has the burden of proof “Beyond a Reasonable Doubt” “Beyond a Reasonable Doubt” Most criminal law cases are based on state law and are tried in state courts. Most criminal law cases are based on state law and are tried in state courts.

Types of Crimes Infractions or Petty Offenses - Least serious type of crime, usually results in a fine Infractions or Petty Offenses - Least serious type of crime, usually results in a fine Ex. traffic violations, disturbing the peace, trespassing Ex. traffic violations, disturbing the peace, trespassing Misdemeanors - May result in a jail sentence of up to a year; Misdemeanors - May result in a jail sentence of up to a year; Ex. DUI, simple assault; minor batteries Ex. DUI, simple assault; minor batteries Felonies - The most serious crimes, may result in a jail sentence of a year or more Felonies - The most serious crimes, may result in a jail sentence of a year or more Ex. Burglary, arson, rape, manslaughter, murder Ex. Burglary, arson, rape, manslaughter, murder

Elements of a Crime Actus Reus (action) - the physical conduct that is required for the crime. Actus Reus (action) - the physical conduct that is required for the crime. Mens Rea (intent) - The mental state required to make the act criminal Mens Rea (intent) - The mental state required to make the act criminal *Both of these things have to occur at the same time in order for there to be a crime

Elements of a Crime Homicide (Murder) Homicide (Murder) Actus Rheus Actus Rheus The unlawful killing of a human being The unlawful killing of a human being Mens Rea Mens Rea Malice Aforethought - can be implied from; Malice Aforethought - can be implied from; An intent to kill; An intent to kill; An intent to inflict grievous bodily harm; An intent to inflict grievous bodily harm; Extreme recklessness; Extreme recklessness;

Why Do We Penalize People Who Commit Crimes Deterrence - Preventing people from committing future crimes; Deterrence - Preventing people from committing future crimes; Retribution - Making criminals pay for their bad acts; Retribution - Making criminals pay for their bad acts; Incapacitation - Removing the criminal element from society; Incapacitation - Removing the criminal element from society; Rehabilitation - Reducing the future risk to society by reforming people who commit crimes Rehabilitation - Reducing the future risk to society by reforming people who commit crimes