1. Criminal Law: Substance and Procedure
Chapter 4

2. Classifying Crimes The legal definition of a crime Actus Reus Mens Rea
The criminal act
Failure or omission to act can be considered a crime
Mens Rea
To be a crime, the actor must have criminal intent
Four levels of intent
Purposeful
Knowing
Reckless
Negligent

3. Criminal Defenses Excuse defenses Justification defenses Duress
Insanity
Intoxication
Age
Entrapment
Justification defenses
Consent
Self-defense
Necessity

4. Excuse Defenses
The accused claim they lacked mens rea when they engaged in criminal acts

5. Duress Also called compulsion or coercion
Used when defendant claims s/he was forced to commit a crime as the only means of preventing death or serious harm to himself/herself or others
Example: a bank employee might be excused from taking bank funds if s/he can prove that his/her family was being threatened
Widespread general agreement that duress is no defense for an intentional killing

6. Insanity
The defendant’s state of mind negates his or her criminal responsibility
Results in a verdict of “not guilty by reason of insanity”
It is a legal category
It does not mean that everyone who suffers from mental illness can be excused from legal responsibility
Insanity means that the defendant’s state of mind, at the time the crime was committed, made it impossible for him/her to have the necessary mens rea to satisfy the legal definition of a crime
Psychiatric testimony is needed to prove a defendant understood the wrongfulness of the action—they were mentally capable of forming intent
Can be judged legally sane if it can be proved the person understood the wrongfulness of their action at the time the crime was committed

7. Intoxication
Drunkenness or being under the influence of drugs is not considered a defense
If a person becomes involuntarily intoxicated, they may be excused from engaging in a crime, or the degree of the crime may be lessened

8. Age
A child is not criminally responsible for actions at an age that precludes a full realization of the gravity of certain types of behavior
Under Common law, there is generally a conclusive presumption of incapacity for a child under age 7
A reliable presumption for a child between the ages of 7 and 14— may be held responsible for crimes
No presumption for a child over the age of 14
Every jurisdiction has established a juvenile court system to deal with juvenile offenders
That court may transfer a more serious chronic youthful offender to the adult criminal court

9. Entrapment
If law enforcement agents used traps, decoys, and deception to induce criminal action
Law enforcement can legitimately set traps for criminals by getting information about crimes from informers, undercover agents, and codefendants
Police are allowed to use ordinary opportunities for defendants to commit crime and to create opportunities without excessive inducement
It is viewed within the context of the defendant’s predisposition to commit a crime
A defendant with a criminal record would have a tougher time using this defense

10. Justification Defenses
Defendants acknowledge that they committed the act but claim that they cannot be prosecuted because they were justified in doing so

11. Consent
The victim’s consent to a crime does not automatically excuse the defendant who commits the action
A rape does not occur if the victim consents to sexual relations; a larceny does not occur if victim consented to the property to be taken
In case of sexual relations with a minor, consent cannot be a defense, because the state presumes that children are not capable of providing adequate or mature consent
Cannot be used to justify the crime of incest or bigamy

12. Self-defense
To use self-defense, the defendant must prove he acted with a reasonable belief that he was in imminent danger of death or harm and had no reasonable means of escape from the assailant
As a general rule, a person may use only enough force as is reasonably necessary to prevent personal harm
A person assaulted by another with no weapon is ordinarily not justified in hitting the assailant with a baseball bat
A person verbally threatened is not justified in striking the other party with his fists
If a woman hits a larger man, the man would not generally be justified in striking the woman and causing her physical harm
The danger to the defendant must be immediate
In some instances, a person may kill his or her mate after years of abuse
The battered-wife syndrome or battered-child syndrome
A history of battering can be used to mitigate the seriousness of the crime, a finding of not guilty most often requires the presence of imminent danger and the inability of the accused to escape from the assailant

13. Necessity
When a crime was committed under extreme circumstances and could not be avoided
Unlike the duress defense, which involves threats made by another person, people act out of necessity according to their own judgment
The burden is on the defendant to show that he acted to prevent imminent harm and that there were no legal alternatives to violating the law
Example—if a woman in labor, fearing that she was about to give birth, stole a car in order to get to the hospital for an emergency delivery
Example—if a hunter shot an animal of an endangered species that was about to attack his child
Defendants must prove that their actions were “the lesser of two evils”
Could not steal a car because you’re late for a soccer game

14. Law Enforcement
Police officers, firefighters, and other first responders can use their occupation in defense of a law violation committed while in the line of duty
A police officer who shoots a suspect he or she believes is drawing a weapon cannot be charged with murder, even if it turns out that the suspect was unarmed
The action must be within the scope of their duties
Limited in cases of gross negligence or malicious intent
This immunity can sometimes spill over to private citizens who aid police or other civil servants
Many states have passed “Good Samaritan” laws that provide immunity from both civil and criminal actions to private citizens who, in good faith, cause injury while attempting to help someone in distress, including both private citizens and government officials

15. The Law of Criminal Procedure
Exclusionary rule
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment
Fourteenth Amendment
Due process of law
Substantive due process
Procedural due process