Basics of Criminal Law
What is a crime?
An act or omission that violates the law and is punishable by the state
What are the two main elements of a crime?
Actus reus and mens rea
What is a violent crime?
A crime involving force or threat of force
What does intent mean in criminal law?
A person’s purpose or desire to commit a crime
What are the main sources of criminal law?
Constitutions, statutes, and case law
What are the two main types of crimes?
Felonies and misdemeanors
What is actus reus?
The physical act of committing a crime
What is a property crime?
A crime involving damage or theft of property
What is general intent?
Intent to perform an act without needing a specific outcome
What is a statute?
A law written and passed by a legislature
What is a felony?
A serious crime usually punishable by more than one year in prison
What is mens rea?
The mental state or intent behind the crime
What is a public order crime?
A crime that disrupts public peace or safety
What is specific intent?
Intent to achieve a particular result
What is case law?
Law based on court decisions
What is a misdemeanor?
A less serious crime usually punishable by less than one year in jail
What is required for most crimes regarding intent?
A guilty mind or criminal intent
What is a white-collar crime?
A non-violent crime committed for financial gain, usually by professionals
What is transferred intent?
When intent aimed at one person applies to another victim
What is the purpose of the Constitution in criminal law?
To protect individual rights and limit government power
What does it mean that a crime is a “wrong against society”?
It means the government prosecutes the offender, not the individual victim
What happens if one element of a crime is missing?
The defendant cannot be found guilty
What type of crime involves drug use or illegal substances?
Victimless crime (or public order crime depending on classification)
What is strict liability?
Crimes that do not require proof of intent
What is common law?
Law developed through court decisions over time