Criminal Liability and Criminal Liability and the Essence of Crimethe Essence of Crime

Charles L. Feer, JD, MPACharles L. Feer, JD, MPA

Bakersfield CollegeBakersfield College

Department of Criminal Department of Criminal JusticeJustice

Presumption of Presumption of Innocence Innocence

A defendant is A defendant is presumedpresumed innocent until innocent until the government proves every essential the government proves every essential elementelement beyond a beyond a reasonable doubtreasonable doubt..

Jury InstructionsJury Instructions – correct principles of – correct principles of law to apply to the facts of the case.law to apply to the facts of the case.

I.e. Defendant is not required to prove I.e. Defendant is not required to prove himself innocent or to prove that any himself innocent or to prove that any other person committed the crime other person committed the crime charged.charged.

Adversarial SystemAdversarial System

Trial by OrdealTrial by Ordeal Devine InterventionDevine Intervention

Trial by CombatTrial by Combat Modernly Modernly

Judge acts as a refereeJudge acts as a referee Truth is the ultimate goal of a trialTruth is the ultimate goal of a trial Truth is realized by effective debate over Truth is realized by effective debate over

the merits of opposing perspectives.the merits of opposing perspectives.

Behavior of AttorneysBehavior of Attorneys

Ethical CodesEthical Codes Codes of Professional ResponsibilityCodes of Professional Responsibility

Standards of ProofStandards of Proof

Mere HunchMere Hunch Reasonable SuspicionReasonable Suspicion Probable CauseProbable Cause Preponderance of Evidence (51%)Preponderance of Evidence (51%) Clear and Convincing EvidenceClear and Convincing Evidence Beyond a Reasonable DoubtBeyond a Reasonable Doubt Absolute Certainty Absolute Certainty

Reasonable DoubtReasonable Doubt

An actual or substantial doubt arising An actual or substantial doubt arising from the evidence, from the facts or from the evidence, from the facts or circumstances shown by the circumstances shown by the evidence, or from a lack of evidence.evidence, or from a lack of evidence.

Criminal LiabilityCriminal Liability

Degree of BlameworthinessDegree of Blameworthiness Penalties prescribed by law.Penalties prescribed by law.

Sentences: Low, Middle, Max. TermSentences: Low, Middle, Max. Term Circumstances in Mitigation and AggrevationCircumstances in Mitigation and Aggrevation

Seven Elements of a Crime

Harm

Seven Elements of a Crime

HarmLegality

Seven Elements of a Crime

Actus reus

HarmLegality

Seven Elements of a Crime

Actus reus

HarmLegality

Mens rea

Seven Elements of a Crime

Actus reus

HarmLegality

Mens reaCausation

Seven Elements of a Crime

Actus reus

HarmLegality

Mens rea

Concurrence

Causation

Seven Elements of a Crime

Actus reus

HarmLegality

Mens rea

Punishment

Concurrence

Causation

The Essence of CrimeThe Essence of Crime

Criminal Act – Actus ReusCriminal Act – Actus Reus Culpable Mental State – Mens ReaCulpable Mental State – Mens Rea Concurrence – the act and the Concurrence – the act and the

mental state occur together.mental state occur together.

Actus ReusActus Reus

Failure to actFailure to act is a crime only in is a crime only in situations where the person is situations where the person is required by law to do something. required by law to do something.

ThreateningThreatening to act may be a crime. to act may be a crime.

Mens ReaMens Rea

A guilty mindA guilty mind A wrongful purposeA wrongful purpose Criminal IntentCriminal Intent

General IntentGeneral Intent Specific IntentSpecific Intent Strict LiabilityStrict Liability Criminal NegligenceCriminal Negligence

MotiveMotive

Never an Element of a crime.Never an Element of a crime. Helps in the investigation (who done Helps in the investigation (who done

it – Why?)it – Why?)