This subject examines the fundamentals of criminal law in the American legal system. At the outset, we will explore questions of what should be criminalized, why we should punish certain defendants, and how to ensure that punishments are proportionate to the crime. The subject will then review the critical issue of mens rea, focusing on whether defendants can be held liable regardless of their criminal intent, or whether negligence, purposefulness, or some other mental state should be required. Thereafter, the subject will analyse the technical elements and real-world realities of some of the most common criminal offenses in the United States, specifically murder, manslaughter, rape, assault, burglary, conspiracy, and driving while intoxicated. Finally, once the elements of a criminal offense have been established, we will review the major defences to criminal liability, such as self-defence, necessity, duress, intoxication, and insanity.

Subject rules