Criminal Law
Criminal Defenses
Introduction Criminal defenses are legal arguments that, if successful, relieve a defendant of criminal liability. Defenses may be categorized as justifications (conduct that is not wrongful because …
Elements of Crimes
Introduction Every crime consists of distinct elements that the prosecution must prove beyond a reasonable doubt. The traditional elements are actus reus (the guilty act), mens rea (the guilty mind), …
Federal Sentencing
Introduction Federal sentencing is governed by the Sentencing Reform Act of 1984, which established the U.S. Sentencing Commission and created the Federal Sentencing Guidelines. The guidelines were …
Inchoate Offenses
Introduction Inchoate offenses are crimes that punish conduct directed toward the commission of a substantive offense but falling short of completing that offense. The principal inchoate offenses are …
Substantive US Criminal Law
Sources of Substantive Criminal Law Criminal law in the United States operates under a dual sovereignty system: federal criminal law derived from Congress’s enumerated powers coexists with fifty …