Slide 2 Slide 3 General Corpus Delicti Lesser included offenses
The concept of mens rea vs. actus rea Intent vs. motive Causation
Punishment Slide 4 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 Slide 5 Criminal
act actus reus (guilty act) Criminal intent mens rea (evil intent)
Slide 6 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
Slide 7 Crimes against the person Crimes against property Crimes
against public order / morals Slide 8 General Statute of
limitations Former jeopardy Ex post facto prohibition Slide 9 4 th
Amendment Unreasonable search and seizure 5 th Amendment 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, cant invoke the 5 th
Amendment privilege Slide 10 5 th 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 Slide 11 6 th
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 Slide 12
8 th Amendment Protection against cruel and unusual punishment
Prohibits torture Prohibits abusive punishment Does not prohibit
capital punishment Slide 13 Intoxication Insanity Accident
Impossibility / Inability Coercion / Duress Slide 14 Alibi
Self-defense Entrapment Mistake of fact Slide 15 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
Slide 16 General OSHA provisions Penalties for OSHA violations
Types of violations Willful Repeated Serious Impact of OSHA
violation on state criminal prosecution Slide 17 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 Slide 18 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 Slide 19
