Professors Jerome Hall and Wayne R. LaFave identify the basic principles that comprise the general part of criminal law. List and describe these parts of criminal law and explain their importance.

Question

What will be an ideal response?

Answer 1

An individual must commit a criminal act (actus reus) and concurrently possess a criminal intent (mens rea) to specifically commit that crime. Typically, these two are required to occur at the same time because having the intent to commit a crime without actually committing a crime cannot be justifiably punished. Likewise, committing a crime without any intention of committing that crime may also pose problems in prosecution. For instance, an individual holding the jacket of a friend who is participating in an illegal fight may not be liable as an accomplice simply by providing slight assistance because there might not be specific intent to assist. There is also the concept of causation wherein the criminal act must have directly caused the harm to the victim. It is unjust to punish a would-be murderer for the death of another when the victim died from an unforeseeable lightning storm. Furthermore, while ignorance of the law is not a defense, society must be able to access statutes where criminal acts and intents are clearly stated so individuals may choose to either follow or violate the law. Finally, defenses are the justifications and excuses for committing an act that is typically considered a crime. It is important to differentiate between truly criminal acts and acts that are committed in self-defense, for instance.