Overview of Criminal Law

Reasons for Punishing Crime

• Retribution: Desire for revenge by victims and society; justifies punishments like the death penalty.
• Deterrence:
  • Specific Deterrence: Prevents a defendant from reoffending.
  • General Deterrence: Deters society at large by example.
• Incapacitation: Removing criminals from society, e.g., incarceration.
• Rehabilitation: Reforming offenders through counseling and training.
• Restitution: Compensating victims for losses; courts may order fines.

Components of Crimes

• Actus Reus: The guilty act; must be voluntary.
  • Inaction can be an actus reus if there's a legal duty to act.
• Mens Rea: The guilty mind; different levels:
  • Negligence: Ignoring known risks.
  • Recklessness: Disregarding substantial risk.
  • Knowledge: Awareness of causing illegal results.
  • Purpose: Intent to cause a particular result.
• Concurrence: Simultaneous occurrence of actus reus and mens rea.
• Causation:
  • Actual Cause: "But-for" causation.
  • Proximate Cause: Legal causation, foreseeable results.

Constitutional Limitations

• Principle of Legality: Conduct must be defined as criminal at the time of the act.
• Ex Post Facto Laws: Laws cannot be retroactively applied.
• Punishing a Status: Cannot punish a person for a condition, e.g., addiction.
• Cruel and Unusual Punishment: 8th Amendment prohibits punishments that are degrading, arbitrary, rejected by society, or unnecessary.

Sources of Criminal Law

• Constitutional Law: Establishes individual rights; states have their own constitutions.
• Statutory Law: Written laws by legislatures; essential in criminal law.
• Case Law: Judicial opinions that set legal precedents (stare decisis).
• Penal Code: States have unique laws; Model Penal Code seeks consistency.

Sentencing

• Sentences range from fines to death penalty.
• Judges determine sentences within legal ranges; can be appealed.
• Sentencing Guidelines: Federal and some states use guidelines to reduce disparities.
• Federal guidelines are advisory; judges consider various factors, like the extent of harm and criminal history.

Next Module

• Focus on inchoate crimes: attempt, conspiracy, solicitation, and accessory liability.