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Basic Principles of Criminal Law

Basic Principles of Criminal Law. Definition of a Crime. General “ Corpus Delicti ” Lesser included offenses The concept of “ mens rea ” vs. “ actus rea ” Intent vs. motive Causation Punishment. Essential Elements of a Crime. Criminal intent Specific intent General intent

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Basic Principles of Criminal Law

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  1. Basic Principles ofCriminal Law

  2. Definition of a Crime General “Corpus Delicti” Lesser included offenses The concept of “mens rea” vs. “actus rea” Intent vs. motive Causation Punishment

  3. Essential Elements of a Crime • Criminal intent • Specific intent • General intent • Criminal laws state the required intent • Strict or absolute liability • No finding of mens rea required • Often imposed by regulatory statutes, such as environmental laws

  4. Essential Elements of a Crime • Criminal act • “actus reus” (guilty act) • Criminal intent • “mens rea” (evil intent)

  5. Classification of Crimes • Felony vs. misdemeanor • Preliminary crimes • Solicitation • Conspiracy • The “overt act” requirement for a conspiracy • Liability for conspiracy • Attempts • Aider and abettor • Accessory after the fact

  6. Classification According to Victim Crimes against the person Crimes against property Crimes against public order / morals

  7. Limitations on Prosecution General Statute of limitations Former jeopardy Ex post facto prohibition

  8. Constitutional Safeguards • 4th Amendment • Unreasonable search and seizure • 5thAmendment • Protection against self incrimination • Immunity from prosecution • Government agrees not to use any evidence given by a person granted immunity against that person • Once immunity given, can’t invoke the 5th Amendment privilege

  9. Constitutional Safeguards • 5th Amendment • Privileged communications protected • Attorney-client • Psychiatrist/psychologist-patient • Priest-penitent • Spouse-spouse • Parent-child • Double jeopardy • Protects persons from being tried twice for the same crime • Applies to same sovereign

  10. Constitutional Safeguards • 6th Amendment • Right to a jury trial • Right to confront (cross examine) witnesses • Right to counsel • Right to have a speedy trial • Civilian - The Speedy Trial Act requires that a criminal defendant be brought to trial within 70 days after indictment • Military – 120 after the earlier of preferral of charges or imposition or restraint

  11. Constitutional Safeguards • 8th Amendment • Protection against cruel and unusual punishment • Prohibits torture • Prohibits abusive punishment • Does not prohibit capital punishment

  12. Defenses to Criminal Liability Intoxication Insanity Accident Impossibility / Inability Coercion / Duress

  13. Defenses to Criminal Liability - Continued Alibi Self-defense Entrapment Mistake of fact

  14. Safety Implications of Criminal Law • Impact of OSHA • Criminal Provisions of OSHA • Criminal laws dealing with negligence /safety violations • Willful disobedience of orders • Dereliction of duty • Drunken or reckless driving • Military property of the United States • Negligent homicide • Involuntary manslaughter • Wanton murder

  15. Impact of OSHA Violations on Criminal Prosecution • General OSHA provisions • Penalties for OSHA violations • Types of violations • Willful • Repeated • Serious • Impact of OSHA violation on state criminal prosecution

  16. Safety Implications of Criminal Law • Provisions of Environmental Protection Laws • Clean Air Act of 1970 • Federal Water Pollution Control Act / Clean Water Act • Comprehensive Environmental response, Compensation and Liability Act • Resource Conservation and Recovery Act • National Environmental Policy Act • Toxic Substances Control Act

  17. “Mens rea” requirements of environmental criminal provisions Negligent violations Knowing violations Knowing endangerment violations Extent of criminal liability under environmental statutes Levels of involvement Direct involvement Indirect involvement The Responsible Corporate Officer Doctrine Environmental Protection Laws

  18. Questions

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