Basic Premises of Criminal Law

Question 1

Conduct (actus reus)

Answer 1

To find a defendant guilty of a crime, there must be some underlying criminal conduct or act

Question 2

Mental State (mens rea)

Answer 2

To find a defendant guilty of a crime, the defendant must possess the required mental state to commit the crime

Question 3

Concurrence

Answer 3

The criminal act (actus reus) and culpable mental state (mens rea) must occur at the same time

Question 4

Harm

Answer 4

There is a resulting harm to an individual, victim, society as a whole, etc

Question 5

Causation

Answer 5

The defendant’s conduct must be sufficiently related to the resulting harm in order to be found guilty of the crime (defendant must cause the harm)

Question 6

Punishment

Answer 6

The criminal justice system imposes a penalty or punishment on a defendant who is guilty of committing a crime

Question 7

Notice (“Ex Post Facto”)

Answer 7

The defendant must have fair notice that their act is criminal. To not have fair notice would be a violation of the fifth and fourteenth constitutional amendment rights

Question 8

Justifications for Punishment

Answer 8

(1) Deterrence: to prevent the defendant from committing future acts and prevent others from committing the same crime
(2) Incapacitation: to keep the defendant out of society so they cannot continue to harm others
(3) Rehabilitation: to give the defendant the opportunity to correct behavior and reenter society (doesn’t really work as currently set up; very little funding)
(4) Retribution: “eye for an eye” idea, to have some sort of revenge. Punishment should not impose greater harm than the harm the defendant’s act caused
(5) Expression: social condemnation of defendant’s behavior

Question 9

Notice or “Ex Post Facto” Explained

Answer 9

Judge may use reasonable discretion when no sentence is prescribed in statute

Court can look to common law to determine legislative intent

Courts may strike down laws that are too vague (laws that fail to give notice or may be result in arbitrary or discriminatory application)

Retroactive application of laws is OK as long as doing so is not “unexpected and indefensible”

Rule of Lenity: ambiguity in statutes should be resolved in the defendant’s favor