Law Paper

Criminal Law Outline

Introduction

I. What is a Crime?

A Crime is an act or omission and its accompanying state of mind, which, if duly proven to have taken place, will incur a formal and solemn pronouncement of the moral condemnation of the community. A Crime is conduct that is so offensive to society that it is punishable by law.

II. Elements of a crime

A. Actus Reus – The actual “act” constituting the crime

B. Mens Rea – The intent to commit the crime (required mental state)

C. Attendant Circumstances – The status of the victim or anything else that doesn’t have to do with the actual “act”

D. Result – Harm caused

III. Trial By Jury

The 6th Amendment guarantees the right to a jury trial for all crimes carrying a term of more than six months imprisonment.

V. Proof of Guilt At Trial

A. Proof Beyond A Reasonable Doubt – The key protection for defendants against improper conviction is the burden on the prosecution to prove guilt beyond a reasonable doubt. This standard of proof applies regardless of whether the criminal case is a felony, misdemeanor, or violation.

VI. Differences between Criminal Trials and Civil Cases

In Criminal Cases:

1. There is a presumption of (’s innocence (in civil cases it doesn’t matter)

2. There is a requirement of proof beyond a reasonable doubt (in civil cases proof needs to be 50.00000000001% more convincing than the other party.)

3. Defendant has the right not to take the stand

4. Evidence that is obtained illegally by the police cannot be used.

Justification of Punishment

I. Introduction

A. Two Questions - In deciding whether to punish someone, the court asks:

1. Is the conduct justified/socially desirable?

2. Is the conduct excusable?

B. Punishment – the intentional infliction of pain

II. Why Punish?

A. Theories of Punishment

1. Utilitarianism – punishment serves useful purposes/benefits society....