Criminal Law & Procedure – Lecture 1 (of 4) (Part 2): Substantive Criminal Law

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Criminal Law & Procedure – Lecture 1 (of 4) (Part 2): Substantive Criminal Law—Crimes and Elements

8d ago 26:45

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This lecture covers the core principles of criminal law, focusing on the elements of a crime, crimes against persons and property, and inchoate offenses.

Elements of a Crime:

Actus Reus is the physical component of a crime, requiring a voluntary act or a legal duty to act. Involuntary acts do not satisfy actus reus. A failure to act can be criminal if there's a legal duty, such as by statute, contract, special relationship, voluntary assumption of care, or creation of peril.

Mens Rea refers to the mental state of the defendant, categorized by the Model Penal Code as purpose (intent), knowledge, recklessness, and negligence.

Purpose is a conscious objective to engage in prohibited conduct.

Knowledge means awareness that conduct will cause a specific result.

Recklessness is a conscious disregard of a substantial and unjustifiable risk.

Negligence is the failure to be aware of a substantial and unjustifiable risk.

Causation must be established for crimes that require a specific result. Actual cause is when the harm would not have occurred "but for" the defendant's actions, while proximate cause means the defendant is legally responsible for foreseeable consequences.

Crimes Against the Person:

Homicide is the unlawful killing of a human being.

Common Law Murder requires malice aforethought, including intent to kill, intent to inflict serious bodily harm, depraved heart disregard for human life, or felony murder. First-degree murder involves premeditation, while second-degree murder includes intentional but unpremeditated killings or deaths caused by an extreme disregard for life.

Manslaughter includes voluntary manslaughter, a killing mitigated by adequate provocation, and involuntary manslaughter, an unintentional killing resulting from criminal negligence or during a non-dangerous unlawful act.

Crimes Against Property:

Larceny is the trespassory taking and carrying away of another's tangible personal property with intent to permanently deprive.

Robbery is larceny committed with force or threat of force.

Burglary is the breaking and entering of a structure with the intent to commit a crime inside.

Arson is the malicious burning of a building.

Inchoate Offenses and Accomplice Liability:

Attempt is taking a substantial step toward committing a crime with the intent to complete it.

Solicitation is intentionally encouraging another to commit a crime with the intent that the crime be committed.

Conspiracy is an agreement between two or more persons to commit a crime, plus an overt act in furtherance of the agreement.

Accomplice liability extends criminal responsibility to those who aid or encourage the commission of a crime.

This lecture serves as an introduction to substantive criminal law, which will be followed by a discussion of defenses to crimes and criminal procedure.

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