NCJ Number
188133
Date Published
1997
Length
1146 pages
Annotation
This overview of substantive criminal law focuses on the components of criminal liability: the criminal act (the actus reus), the criminal state of mind (the mens rea), and the absence of a defense of justification or excuse.
Abstract
In addressing the purposes of punishment, the introduction discusses the law's intention to achieve retribution, general deterrence, and individual prevention. The subject of the first chapter is the "criminal act." Topics discussed are the requirement of previously defined conduct, conduct in the definition of the offense, and the requirement of a voluntary act. Chapter 2 features topics on the "criminal mind." They include the foundations of mens rea and the application of the mens rea structure. The latter discussion encompasses negligence and the law of criminal homicide, intoxication, and strict liability. The third chapter discusses topics related to "attempt." Sections of the chapter consider the required conduct, mens rea, impossibility, and abandonment in attempt and other offenses. Chapter 4 focuses on the sexual offenses of rape and statutory rape; and chapter 5 addresses "justification and excuse." In its discussion of "criminal responsibility," chapter 6 examines immaturity and mental abnormality. Chapter 7 features discussions of topics related to liability for the conduct of another, which include complicity, conspiracy, and the application of the Racketeer Influenced and Corrupt Organizations Act (RICO). The remaining two chapters address homicide and proof and proportionality. Applicable cases are featured throughout the discussions of all topics. Appended model penal code, a table of model penal code references, and selected penal statutes and a table of cases