At Peter Johnson Law, we want our clients and community to feel empowered when navigating the justice system. Explore the basics of criminal law below.
Elements of a crime are the parts needed to prove guilt. The elements of a crime usually include an act, intent, and other circumstances.
Mens rea is the “guilty mind.” The guilty mind is the intent to do wrong.
Actus reus is the “guilty act.” The guilty act is the unlawful action.
The burden of proof is the level of proof required to prove the defendant is guilty.
The burden of production is the burden to produce at least some evidence
The burden of proof is how much evidence must be produced.
In a civil trial, the burden of proof is a “preponderance of the evidence” or more likely than not.
In a criminal trial, the burden of proof is “beyond a reasonable doubt.”
“Beyond a reasonable doubt” is the highest burden of proof in the United States’ justice system and means that the judge or jury must have a very high degree of certainty before convicting the defendant. Different jurisdictions have different definitions.
Evidence is proof used in court like videos, audio recordings, documents, emails, text messages, eyewitnesses and expert witnesses.
Direct evidence is evidence that directly proves a fact (eyewitness).
Circumstantial evidence indirectly proves a fact (fingerprints or DNA at a crime scene).
A presumption is an assumption of the truth of a fact until proven otherwise (i.e., innocent until proven guilty).
An inference is a conclusion the jury may make based on evidence.
The presumption of innocence is a fundamental concept in criminal law that provides that a defendant is innocent until proven guilty.
Criminal intent is the decision to do something the law forbids.
Specific intent is intending a specific goal (e.g., taking a car to deprive the owner of its value).
General intent is an intent to do an act with no specific goal (e.g., punching someone).
Scienter refers to knowing your act is wrong or illegal.
Voluntariness in criminal law refers to the principle that a crime must be a choice, not an accident or something done unconsciously.
No. A private thought alone cannot be a crime.
A strict liability crime is a crime that does not require proof of intent (i.e., selling alcohol to a minor).
Transferred happens when you mean to harm one person but harm another, the intent “transfers.”
Willfully: You know it was wrong or against the law, but you did it anyway
Purposefully: You did it on purpose; You meant it.
Knowingly: You knew or thought a result would happen.
Recklessly: You ignored a big risk.
Negligently: You weren’t careful enough.
1. Motive: The reason a person might commit a crime.
2. Means: This is whether the person had the ability or the tools to commit the crime.
3. Opportunity: This means the person had the chance to commit the crime.
A jury trial is a court hearing where twelve members of the community decide whether the prosecutor has proven beyond a reasonable doubt that the defendant committed the crime.
