Summary Of The Purpose, Scope And Its Sources Of Criminal Law

Chapter one of the Criminal Law book talks about the Purpose, Scope and its Sources of Criminal Law. It is like an introduction as to what one should know pertaining to general criminal law. It shows what the three branches of law which are: judicial, legislative and executive, and what they do as pertaining to the law. It tells us the difference between Substantive Criminal Law, Moral Law, and Criminal Law. The difference between the two is that Substantive Criminal Law is that is, “Substantive Law defines the standards of conduct that the society and the community require for the protection of the community as a whole.” (pg.6) Now, Criminal Law and Moral Law revolve around each other in that they usually reflect the moral and ethical beliefs

Mens rea, Actus reus and concurrence are all needed to require proof of a person’s mental fault. Actus reus is the criminal act and Mens rea is the criminal intent. One also need reasonable doubt for proof and that is, “that it is not enough to enough to prove that an element of the crime was true. Proof must be such that a reasonable person could not conclude the element was not true.” Specific intent is an act being done deliberately in any offense committed. Scienter, this is a form of specific intent needing to show that the person knew of certain facts. Most people can get confused between motive intent although they sound similar they are completely different according to the law. Intent is the purpose or design to commit a specific act and motive is the cause of why someone is committing the act. The ending of this chapter talks about presumption and inference. Presumption is, “an assumption that the law expressly directs that the trier of fact (judge or jury) to make.(pg.80) Inference is the conclusion that the jury makes based on the facts that were presented to them in

Starting this chapter is inchoate crimes which are acts that lead to or are efforts in committing other crimes. Then comes solicitation which is getting another person to commit a crime/crimes and it is even committed if the person being solicited refuses to participate. It also talks about conspiracy which is when two or more plan to commit a crime. Also a conspiracy is one of the oldest preliminary crimes and all the states have laws that make conspiracy a crime. Parties to principal crimes are also in this chapter, which there are two types principal to the first degree and second degree. There is also an accomplice which is someone who helps the perpetrator and can be charged the same as the one committing the crime and is usually treated the same as a principal. There are also a few theories of criminal liability like aiding and abetting, common design or plan rule and liability for crimes other than the one planned. Starting off with aiding and abetting is almost the same as an accomplice but it provides help before and after the crime has happened. Also in aider and abettor can be held accountable for their and the other person’s actions, “A person can be criminally liable for the conduct of another if he or she was a party to a conspiracy to commit a crime…and planned with another to commit a crime” (pg.100-101) Aiders and abettors also might always be at the scene