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Criminal Law Exam

Submitted By
Words 3157
Pages 13
Kevin May
Criminal Law Exam part B
08/17/2014
kevinmay1911@gmail.com

In criminal law, there are two types of crimes, misdemeanors and felonies. However, within those two groups, there are several varieties of crimes such as crimes against people and crimes against property. Within the several variety of crimes, there are legal defenses to go with them. Criminal law is a simple concept, however, it has multiple complex elements that go with every concept. In this paper, I will be discussing the different aspects of the law covered in our criminal law course, and how it all comes together to impact the individuals and organizations (e.g. businesses and institutions) in society. In order for criminals to commit a crime, they must have intent. …show more content…
These degrees of magnitude are determined by considering a mixture of desire and planning or commonly known as, aforethought. According to Matthew Lippman, author of Contemporary Criminal Law, desire is defined as the sense of decided resolve versus the sense of emotional passion. An example of this would be in the fact that you may not desire to commit theft but you may decide to do it anyway to feed your family or because you are starving. The level of the desire to steal is compared against the degree of aforethought, or planning, involved in the criminal act to determine the magnitude of criminal guilt. This concept would also determine the severity of punishment for the defendant. In addition to mens rea, actus reas is also an essential element of criminal …show more content…
As mentioned above, mens rea is one of the most important elements in criminal liability because it helps determine the nature of a crime and its appropriate punishment. It is standardized into four terms in the Model Penal Code. Crimes are said to be committed Purposefully, Knowingly, Recklessly and Negligently. The first two, purposely and knowingly are more serious because of the direct intent. This is one of the most commonly enacted provisions of the MPC, since it e simplifies the very sticky notion of guilty mental states in criminal law. After being convicted of a crime in the MPC or common law, the court then decides the severity of the punishment, a misdemeanor or a felony. Misdemeanor occupies the middle ground of crime classification in the criminal law, being a less serious class of crime than felony, and more serious than infraction. An example of an infraction is running a stop sign. Misdemeanor convictions are typically punishable by a sentence of one year or less in jail, moderate fines, house-arrest, time served on weekends, probation, community service, or several of these punishments mixed into a lovely jurisprudence cocktail according to Joshua Dressler and the California Penal

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