3.  General  “Corpus Delicti”  Lesser included offenses  The concept of “mens rea” vs. “actus rea”  Intent vs. motive  Causation  Punishment

4.  Criminal intent Specific intent General intent  Criminal laws state the required intent  Strict or absolute liability No finding of mens rea required Often imposed by regulatory statutes, such as environmental laws

5.  Criminal act “actus reus” (guilty act)  Criminal intent “mens rea” (evil intent)

6.  Felony vs. misdemeanor  Preliminary crimes Solicitation Conspiracy  The “overt act” requirement for a conspiracy  Liability for conspiracy Attempts Aider and abettor  Accessory after the fact

7.  Crimes against the person  Crimes against property  Crimes against public order / morals

8.  General  Statute of limitations  Former jeopardy  Ex post facto prohibition

9.  4 th Amendment Unreasonable search and seizure  5 th Amendment Protection against self incrimination Immunity from prosecution  Government agrees not to use any evidence given by a person granted immunity against that person  Once immunity given, can’t invoke the 5 th Amendment privilege

10.  5 th Amendment Privileged communications protected  Attorney-client  Psychiatrist/psychologist-patient  Priest-penitent  Spouse-spouse  Parent-child Double jeopardy  Protects persons from being tried twice for the same crime  Applies to same sovereign

11.  6 th Amendment Right to a jury trial Right to confront (cross examine) witnesses Right to counsel Right to have a speedy trial  Civilian - The Speedy Trial Act requires that a criminal defendant be brought to trial within 70 days after indictment  Military – 120 after the earlier of preferral of charges or imposition or restraint

12.  8 th Amendment Protection against cruel and unusual punishment  Prohibits torture  Prohibits abusive punishment Does not prohibit capital punishment

13.  Intoxication  Insanity  Accident  Impossibility / Inability  Coercion / Duress

14.  Alibi  Self-defense  Entrapment  Mistake of fact

15.  Impact of OSHA  Criminal Provisions of OSHA  Criminal laws dealing with negligence /safety violations Willful disobedience of orders Dereliction of duty Drunken or reckless driving Military property of the United States Negligent homicide Involuntary manslaughter Wanton murder

16.  General OSHA provisions  Penalties for OSHA violations  Types of violations Willful Repeated Serious  Impact of OSHA violation on state criminal prosecution

17.  Provisions of Environmental Protection Laws Clean Air Act of 1970 Federal Water Pollution Control Act / Clean Water Act Comprehensive Environmental response, Compensation and Liability Act Resource Conservation and Recovery Act National Environmental Policy Act Toxic Substances Control Act

18.  “Mens rea” requirements of environmental criminal provisions ◦ Negligent violations ◦ Knowing violations ◦ Knowing endangerment violations  Extent of criminal liability under environmental statutes ◦ Levels of involvement ◦ Direct involvement ◦ Indirect involvement ◦ The Responsible Corporate Officer Doctrine Environmental Protection Laws