Podcast Episode Details

Criminal Law & Procedure – Lecture 1 (of 4): Substantive Criminal Law—Crimes and Elements

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I. Elements of Crimes

Actus Reus (The Guilty Act)

A crime requires a voluntary act or an omission where a legal duty exists.

Involuntary acts (e.g., seizures) do not qualify.

Mens Rea (The Guilty Mind)

Purpose: Defendant intends the criminal result.

Knowledge: Defendant knows harm is almost certain.

Recklessness: Conscious disregard of substantial risk.

Negligence: Failure to recognize a substantial risk.

Causation

Actual Cause: But-for the defendant’s actions, the harm would not have occurred.

Proximate Cause: Harm must be a foreseeable result.

Superseding Causes: Unforeseeable events can break liability.

II. Crimes Against the Person

Homicide

Murder: Requires malice aforethought: intent to kill, intent to harm, extreme recklessness, or felony murder.

Degrees of Murder:

First-Degree: Premeditated or during a listed felony.

Second-Degree: Unplanned but intentional, or reckless disregard for life.

Manslaughter:

Voluntary: Killing in the heat of passion due to provocation.

Involuntary: Killing caused by criminal negligence or misdemeanor offense.

Assault and Battery

Battery: Unlawful application of force causing harm or offense.

Assault: Attempted battery or act creating reasonable fear of harm.

III. Crimes Against Property

Larceny: Taking another’s property with intent to permanently deprive.

Embezzlement: Fraudulent conversion of property lawfully possessed.

False Pretenses: Obtaining title through deception.

Robbery: Larceny plus force or intimidation.

Burglary: Unlawful entry into a structure with intent to commit a felony.

Arson: Malicious burning of property.

IV. Inchoate Offenses and Parties to Crime

Attempt: Substantial step toward committing a crime with intent.

Solicitation: Encouraging another to commit a crime.

Conspiracy: Agreement plus overt act to commit a crime.

Pinkerton Rule: Liability extends to foreseeable acts of co-conspirators.

Accomplice Liability: Assisting or encouraging a crime with intent.

Summary of Key Takeaways

Crimes require actus reus (act), mens rea (intent), and causation.

Crimes against persons involve direct harm, such as homicide and assault.

Property crimes involve theft, destruction, or unlawful entry.

Inchoate offenses address attempts and conspiracies.

Accomplice liability extends punishment to those who assist crimes.

This concludes Day 1 of Criminal Law & Procedure. Tomorrow, we will cover Defenses to Crimes and Criminal Procedure, focusing on constitutional protections and legal justifications.

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Published on 10 months, 4 weeks ago