Overview

The state vs. You. In civil law (Torts/Contracts), two people argue over money. In criminal law, the government tries to take away your liberty because you broke the social contract.

Core Idea

Actus Reus + Mens Rea = Crime.

  • Actus Reus: The Guilty Act (You stole the car).
  • Mens Rea: The Guilty Mind (You intended to steal it). If you took the car by mistake thinking it was yours, there is no Mens Rea, so no crime.

Formal Definition (if applicable)

Presumption of Innocence: “Innocent until proven guilty.” The burden of proof is on the state. They must prove it “Beyond a Reasonable Doubt” (99% sure).

Intuition

  • Felony: Serious crime (Murder, Robbery). >1 year in prison.
  • Misdemeanor: Minor crime (Shoplifting, Jaywalking). <1 year in jail or fine.

Examples

  • Homicide: Killing a person.
    • Murder: Intentional.
    • Manslaughter: Accidental or heat of passion.
  • Self-Defense: You can use force to protect yourself, but it must be proportional.

Common Misconceptions

  • “I didn’t know it was illegal.” (Ignorance of the law is no excuse.)
  • “Entrapment.” (It’s only entrapment if the police forced you to do something you wouldn’t have done otherwise. Buying drugs from an undercover cop is not entrapment.)
  • Miranda Rights: “You have the right to remain silent.”
  • Double Jeopardy: You can’t be tried twice for the same crime.
  • Plea Bargain: Admitting guilt in exchange for a lighter sentence (90% of cases end this way).

Applications

  • Policing: Arrest and investigation.
  • Corrections: Prison and parole.

Criticism / Limitations

Mass Incarceration. The US has 4% of the world’s population but 25% of its prisoners.

Further Reading

  • Dressler, Understanding Criminal Law
  • Alexander, The New Jim Crow