Chapter two talks about criminal law, which protects civilians by maintaining order and punishing harmful actions. Understanding key concepts in criminal law helps us see how it keeps society safe.
Common law is based on past court rulings, while criminal law follows written statutes. For example, in Roe v. Wade (1973), the Supreme Court used common law principles to set a legal precedent on abortion rights. In criminal law, two key concepts are Actus Reus (the act of committing a crime) and Mens Rea (the intent behind it). A relevant case is that of Gypsy Rose Blanchard. Gypsy Rose and her then-boyfriend, Nicholas Godejohn, were charged in connection with the murder of Gypsy’s mother, Dee Dee Blanchard. Gypsy’s defense argued that her actions were driven by a long history of abuse and coercion, affecting her intent (Mens Rea). The court had to consider whether Gypsy’s involvement was a result of her own criminal intent or a desperate reaction to severe abuse
Causation links a person’s actions to harm. In homicide cases, causation determines whether a death was intentional (first-degree murder), reckless (second-degree murder), or unintentional (manslaughter). The O.J. Simpson trial is a famous example where the prosecution had to prove his actions directly caused the deaths of Nicole Brown Simpson and Ron Goldman.
Justifications like self-defense allow people to protect themselves when in danger. Laws such as the castle doctrine and stand your ground laws provide legal protection when defending yourself. The Trayvon Martin case in 2012 sparked debate on whether stand your ground laws promote safety or unnecessary violence. Excuses, such as insanity or duress, provide defenses for individuals not fully responsible for their actions. Duress involves committing a crime under threat of harm, but it can’t be used to excuse murder. In the TV show The Heist, hostages were forced to help robbers illustrate the real world concept of duress, where people act under extreme pressure.
Criminal law provides a structure for justice and safety. By learning about common law, Actus Reus, Mens Rea, causation, justifications, and excuses, we can better understand how law maintains fairness in society.
Common law is based on past court rulings, while criminal law follows written statutes. For example, in Roe v. Wade (1973), the Supreme Court used common law principles to set a legal precedent on abortion rights. In criminal law, two key concepts are Actus Reus (the act of committing a crime) and Mens Rea (the intent behind it). A relevant case is that of Gypsy Rose Blanchard. Gypsy Rose and her then-boyfriend, Nicholas Godejohn, were charged in connection with the murder of Gypsy’s mother, Dee Dee Blanchard. Gypsy’s defense argued that her actions were driven by a long history of abuse and coercion, affecting her intent (Mens Rea). The court had to consider whether Gypsy’s involvement was a result of her own criminal intent or a desperate reaction to severe abuse
Causation links a person’s actions to harm. In homicide cases, causation determines whether a death was intentional (first-degree murder), reckless (second-degree murder), or unintentional (manslaughter). The O.J. Simpson trial is a famous example where the prosecution had to prove his actions directly caused the deaths of Nicole Brown Simpson and Ron Goldman.
Justifications like self-defense allow people to protect themselves when in danger. Laws such as the castle doctrine and stand your ground laws provide legal protection when defending yourself. The Trayvon Martin case in 2012 sparked debate on whether stand your ground laws promote safety or unnecessary violence. Excuses, such as insanity or duress, provide defenses for individuals not fully responsible for their actions. Duress involves committing a crime under threat of harm, but it can’t be used to excuse murder. In the TV show The Heist, hostages were forced to help robbers illustrate the real world concept of duress, where people act under extreme pressure.
Criminal law provides a structure for justice and safety. By learning about common law, Actus Reus, Mens Rea, causation, justifications, and excuses, we can better understand how law maintains fairness in society.