Overview of Criminal Law

Reasons for Punishing Crime

Criminal punishments serve multiple purposes:

Retribution: Satisfies society's and victims' need for revenge.
Deterrence: Prevents future crimes by instilling fear of consequences.
- Specific Deterrence: Prevents the individual from reoffending.
- General Deterrence: Deters society by making an example of individuals.
Incapacitation: Removes criminals from society, preventing future offenses.
Rehabilitation: Aims to reform offenders through treatment and education.
Restitution: Compensates victims for their losses.

Criminal acts consist of:

Actus Reus (Guilty Act): The physical act of committing a crime.
Mens Rea (Guilty Mind): The mental intent to commit a crime.
- Levels of Mens Rea:
  - Negligence: Fail to be aware of substantial risks.
  - Recklessness: Consciously disregard substantial risks.
  - Knowledge: Awareness of the consequences of actions.
  - Purpose: Intent to achieve a specific outcome.

Concurrence: Actus reus and mens rea must occur together.
Causation: Links the defendant's actions to the result, requiring both actual and proximate cause.

Principle of Legality: Conduct must be defined as criminal before being performed.
Ex Post Facto Laws: Laws cannot retroactively criminalize actions or increase punishments.
Punishing a Status: Unconstitutional to criminalize statuses like addiction, but related behaviors can be punished.
Cruel and Unusual Punishment: Prohibited by the Eighth Amendment, with specific criteria for determination.

Constitutional Law: U.S. and state constitutions, which limit government punishments and protect rights.
Statutory Law: Written laws passed by legislative bodies.
Case Law: Judicial opinions and precedents.
Model Penal Code: A guide for states to standardize criminal laws.

Focus will shift to inchoate crimes, including attempt, conspiracy, solicitation, and accessory liability.