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.

Legislatures create the systems for criminal sentencing and judges determine and impose criminal sentences. Yet, the criminal sentence for most defendants is decided outside of this process. The majority of criminal cases are resolved out of court via the plea bargaining process.

While criminal law judges may have one thing in mind when imposing a criminal sentence, judges do not have the unfettered ability to impose criminal sentences. Judges are not even the only player who has a say in what criminal sentences are allowed. This article considers these other actors who play a role [...]