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	<title>Free Legal Advice, Get Answers to Law Questions &#187; Criminal Law</title>
	<link>http://www.lawfiles.net</link>
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	<lastBuildDate>Thu, 01 Dec 2011 17:32:47 +0000</lastBuildDate>
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	<item>
		<title>Mistake of Law is No Excuse</title>
		<description><![CDATA[The prior article examined strict liability crimes, which are crimes a person can be liable for even though he lacks the intent to commit the crime. The mistake of law is similar, in that one can be liable for a crime even though he did not know about the criminal law.







 Mistake of Law is [...]]]></description>
		<link>http://www.lawfiles.net/mistake-of-law-is-no-excuse/</link>
			</item>
	<item>
		<title>Using a Fake Id in Texas: It is a Crime</title>
		<description><![CDATA[There can be serious legal implications for obtaining, possessing and using a fake id. This article examines Texas law that makes it a crime to obtain, possess, or use a fake id.






About Texas&#8217; Fake Id Law
Texas law makes it a crime to obtain, possess, transfer or use a fake id. Criminal liability is not dependent [...]]]></description>
		<link>http://www.lawfiles.net/using-a-fake-id-in-texas/</link>
			</item>
	<item>
		<title>Strict Liablity Crimes: When Intent is Not Required</title>
		<description><![CDATA[We examined a number of issues related to crime and punishment.  The emphasis of the prior articles was criminal liability imposed on persons who intend to commit crimes.  This brings us to criminal liability imposed on persons who commit crimes without any intent to do so.  These crimes are often referred to [...]]]></description>
		<link>http://www.lawfiles.net/strict-liablity-crimes-when-intent-is-not-required/</link>
			</item>
	<item>
		<title>The Mistake of Fact Defense: Negating Intent</title>
		<description><![CDATA[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 [...]]]></description>
		<link>http://www.lawfiles.net/the-mistake-of-fact-defense-negating-intent/</link>
			</item>
	<item>
		<title>Mental State Required for Criminal Liability</title>
		<description><![CDATA[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.






Mens rea refers to a blameworthy [...]]]></description>
		<link>http://www.lawfiles.net/mental-state-required-for-criminal-liability/</link>
			</item>
	<item>
		<title>Omissions: Criminal Liability for Failing to Act</title>
		<description><![CDATA[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.






The Model Penal Code or MPC, which is an [...]]]></description>
		<link>http://www.lawfiles.net/omissions-criminal-liability-for-failing-to-act/</link>
			</item>
	<item>
		<title>Criminal Liability Requires an Act: The Actus Reus Requirement</title>
		<description><![CDATA[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&#8217;s take a closer look at the first requirement, [...]]]></description>
		<link>http://www.lawfiles.net/criminal-liability-requires-an-act-the-actus-reus-requirement/</link>
			</item>
	<item>
		<title>Considering the Basic Elements of Criminal Offenses</title>
		<description><![CDATA[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.






Criminal statutes are [...]]]></description>
		<link>http://www.lawfiles.net/considering-the-basic-elements-of-criminal-offenses/</link>
			</item>
	<item>
		<title>Plea Bargaining: How Most Criminal Sentences are Determined</title>
		<description><![CDATA[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.






Plea bargaining is the negotiation of an agreement between the prosecutor [...]]]></description>
		<link>http://www.lawfiles.net/plea-bargaining-how-most-criminal-sentences-are-determined/</link>
			</item>
	<item>
		<title>Criminal Sentences: Traditional v. Determinate Sentencing Systems</title>
		<description><![CDATA[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 [...]]]></description>
		<link>http://www.lawfiles.net/criminal-sentences-traditional-v-determinate-sentencing-systems/</link>
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