You are on page 1of 2

What is a crime?


Stealing from 7-11?
o
Yes

Cheating on one's spouse?
o
No
Principles of Criminal Law

Substantive Criminal Law:
o

o




What law is enforced

Procedural Criminal Law:
How the law is enforced

Criminal Act: Actus reus
Criminal Intent: mens rea
Causation: act must cause the harm required
Responsibility: act and mind state must be defined in the statute
Defenses: guilt is not imposed in the act was shown to be either justified or
excused

Categories of Crime

Felony: a serious crime punishable by death or imprisonment for more than
one year

Misdemeanor: a minor offense punishable by up to one year in jail

Mala in se: a crime that is inherently evil

Mala prohibita: a crime that is such because society has prohibited it
Sources of Criminal Law

English and American Common Law

State Criminal Codes

Municipal Ordinances

Federal Criminal Code

State and Federal Constitutions

International Treaties

Judicial Decisions
Common Law

Foundation of American Criminal Law

Transported from England to the American colonies

Established in the eleventh century by King William the Conqueror in England

Established to provide uniform law to be enforced by English Judges
State Criminal Codes

Established under the belief that citizens should have the opportunity to
know the law

As America's legal code grew, common law was slowly abandoned
Model Penal Code

Established in 1962 for the purpose of unifying criminal law across the states

Purely Advisory

recklessly.  Clarified criminal intent.  Roughly 37 states have adopted varying parts of the code No state has adopted the entire code Why do I care about the Model Penal Code?  The MPC was created to standardize the criminal in the U.S.edu . Illinois did not adopt the entire model Penal Code General Purpose 720 ILCS 5/1-2: Federal Statues  Criminal Laws enacted by the federal government as allowed by the U. and negligently It recommends that any activity not explicitly forbidden is legal Illinois Criminal Code  The criminal laws of Illinois were first codified in 1819  In 1961. Illinois codified a unified criminal code  The 1961 Criminal code contained many laws inspired by the Model Penal Code  However. constitution  Supremacy clause: federal law is superior to state law within those areas that are related to the preservation of the national government (aka the preemption doctrine)  Interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce  Dual sovereignty: the sharing of powers between the federal and state governments Erodri57@uic. (Mens Rea) o  Crimes are committed purposefully.S. knowingly.