Criminal Law 101: 6 Things We Should Know About Crimes

What is Criminal Law?

Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is "beyond a reasonable doubt." For information on particular crimes or issues surrounding the criminal law, please select from one of the topics below.

What is mens rea?

The key to understanding the reasoning behind most criminal statutes is to first understand what the term mens rea means. In Latin, it means “a guilty mind,” and the criminal concept behind it is that, in order to be convicted of a crime, a suspect must have acted with an intent or purpose that makes him or her morally blameworthy. Although you won’t find the term mens rea in most criminal statutes, most crimes require proof of a positive state of mind such as intent, recklessness, or willful blindness. However, it doesn’t matter whether you know that what you were doing was a crime, it only matters that you had the intent to commit the act. The corollary to this is that if you did commit a crime without intending to, then you do not have a guilty mind, and in most cases you cannot be convicted.

Who is an accomplice?

An accomplice is a person who helps someone else carry out a crime, even if the accomplice doesn’t actually take part in the crime. For instance, if you knew that someone wanted to blow up your neighbor’s garage because he has a better sports car, and you bought the dynamite, you’d be an accomplice to the crime even if you didn’t actually light the fuse or even if you weren’t at the crime scene. There are other, lesser ways, you can also be an accomplice: For instance, if you knew your friend was going to blow up that garage and you babysat for him, knowing that he would use that time without a child to blow up the garage, you could still be convicted as an accomplice.

What is the difference between burglary, robbery, and theft?

Here is the shortest answer to that question. First, burglary is the intent to break into a building without consent with the intent of committing a crime inside (including theft). Burglary is a specific intent crime, requiring that the burglar knowingly intend to commit a crime while inside. A person does not have to forcibly enter a building to commit burglary; going in through an unlocked window or door can still fulfill the “breaking” element of burglary.

Theft simply involves taking something from someone else with the intent to permanently deprive them of it. Embezzlement is a form of theft in which an employee diverts money intended for his employer or other employees for his or her own use. Likewise, fraud is also a form of theft, involving using trickery to permanently deprive someone of his or her property.

Finally, robbery is another specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property. The most common example of a robbery is a convenience store holdup, in which a robber threatens to shoot a cashier unless the cashier hands over the loot.

What is rape?

Rape is best defined as non-consensual (or unwanted) intercourse by means of force or fear; rape occurs at the moment of penetration, no matter how slight.

Although the most common form of rape involves forcible penetration through means of violence or fear, rape can also occur if the victim was prevented from resisting through the use of drugs or alcohol, the rapist fraudulently poses as an authority figure and threatens to arrest the victim unless he or she agrees to sexual intercourse, or if the victim is unable to consent because of physical or mental disability. Rape is not limited to men; a woman can also be convicted of rape, though it is less likely.

What is a hate crime?

Hate crimes are offenses perpetrated against another person because of his or her race, color, religion, national origin, disability, sexual orientation, or gender. Not all crimes committed against one of these groups are considered a hate crime, however. To constitute a hate crime, the illegal act must have been committed because the victim belongs to one of the above groups, and a prosecutor must prove beyond a reasonable doubt that the crime was committed because of the victim’s race, color, religion, national origin, disability, sexual orientation, or gender. A hate crime can be a separate crime in and of itself or it can be a sentence enhancer.