We have considered the intent or mens rea requirement for criminal liability. Criminal statues generally impose an intent requirement. This raises the question, what if someone makes a mistake of a fact and did not intend to commit an act that gave rise to criminal liability? One can view mistakes of [...]

We have considered the actions required for criminal liability. Crimes require an overt act or, in some cases, a failure to act. In addition to a criminal act, criminal statutes often have an intent requirement. This intent requirement is often referred to using the term mens rea.

We have already looked at the requirement that a criminal defendant commit an act before he can be found guilty of a crime. We can now turn our attention to whether a criminal defendant can commit a crime by an omission or by failing to act.

Criminal statutes are drafted with an eye on ensuring the statute excludes legal conduct, provides forewarning to would-be criminals of potential liability, and differentiates between serious and minor offenses. These common elements for criminal statutes help carry out the policies for our criminal laws. Let’s take a closer look at the first requirement, [...]

Criminal offenses are spelled out in statutes. These criminal statutes are what juries consider in determining guilt, what judges consider when imposing sentences, and what prosecutors consider when entering into plea bargains. Given the importance of these statutes, it is helpful to pause to consider the elements that underlie these statutes.