Nature of Criminal Law

Get Started. It's Free
or sign up with your email address
Nature of Criminal Law by Mind Map: Nature of Criminal Law

1. Substantive law declares what conduct is criminal and prescribes the punishment to be imposed for such conduct.

1.1. includes the definition of specific offenses and the general liability principles

1.2. Conduct is used to cover two distinct areas

1.2.1. The act or omission to act

1.2.2. The state of mind in concurrence of the act or omission to act

2. Specific Crimes and Gen. Principles

2.1. Concerned with the general definitions of various crimes (What conduct, including state of mind, is necessary to establish guilt for offenses)

2.2. Also covers the general principles that apply to multiple crimes

2.2.1. Defenses

2.2.2. Crimes of affirmative liability (Inchoate Offenses

2.2.3. The parties involved in such crimes (Plaintiff, Defendant, Accessories/Principals)

2.3. Basic Premises

2.3.1. Requires an act

2.3.2. Requires a particular state of mind

2.3.3. the actus reus and mens rea must occur concurrently

2.3.4. Only conduct that is harmful should be a crime

2.3.5. Requires a particular result of forbidden conduct and legal causation

2.3.6. May only be subjected to legally prescribed punishment for particular crimes

2.3.7. Advance warning that conduct is criminal is required.