Criminal Law – Lecture One: General Principles and Elements of Crime (Part 1 of 3) (Part 2)

The primary objectives of criminal law include deterrence (general and specific), incapacitation, retribution, rehabilitation, and defining societal norms. Unlike civil law, which aims to compensate a wronged party, criminal law operates on behalf of the state to prosecute and punish wrongful acts in the communal interest.

Felonies are typically punishable by death or imprisonment for more than one year, while misdemeanors are lesser offenses usually punishable by a fine or incarceration for less than one year. Murder is an example of a malum in se crime because it violates fundamental moral standards, whereas a traffic violation is an example of a malum prohibitum crime because its illegality stems from statute.

General intent crimes require the intent to perform the physical act itself, such as intentionally striking someone in battery. Specific intent crimes require an additional subjective intent to bring about a specific result, such as in theft, where the defendant must intend to permanently deprive another of their property.

A state generally has jurisdiction to prosecute crimes that either occur within its borders or produce harmful effects within its territory. Concurrent jurisdiction arises when more than one sovereign has the legal authority to prosecute the same conduct. The doctrine of dual sovereignty under the Double Jeopardy Clause allows both federal and state governments to prosecute the same individual for the same conduct without violating double jeopardy protections, as they are separate sovereigns.

Actus reus refers to the physical component of a crime, which is a voluntary act or a qualifying omission. An omission can constitute actus reus when there is a legal duty to act, the person is physically capable of acting, and they fail to do so, such as a parent deliberately withholding food from their child.

Recklessness is a subjective mental state involving the conscious disregard of a substantial and unjustifiable risk; the defendant must be aware of the risk. Negligence is an objective standard that applies when a person fails to perceive a substantial and unjustifiable risk that a reasonable person would have recognized, regardless of actual awareness.

Strict liability crimes are offenses where no mental state is required; the mere commission of the act is sufficient for liability. These types of crimes are most commonly found in regulatory and public welfare areas such as food safety or statutory rape. For example, a vendor selling contaminated food may be held strictly liable regardless of intent.

The principle of concurrence requires that the actus reus (the physical act) and the mens rea (the mental state) coincide in time. This is generally required because criminal liability is predicated on the idea that the wrongful conduct was accompanied by a culpable state of mind.

Factual cause, or "but-for" causation, means that the harm would not have occurred but for the defendant's act. Legal cause, or proximate cause, addresses whether the result is closely enough connected to the act to hold the defendant criminally responsible, considering factors like foreseeability. An intervening cause might break the chain of legal causation if it is unforeseeable and superseding, meaning it was not a natural or probable consequence of the defendant's actions.

A principal is the primary actor who commits the criminal act, while an accomplice is someone who aids, encourages, or assists the principal with the intent that the crime be committed. Accomplice liability requires both an act of assistance and the specific intent that the underlying crime be committed by the principal.