How many requirements are there to establish criminal liability

Usually, criminal liability rests upon the person who directly committed the act. But, liability for a crime can reach beyond those directly involved in a criminal act.

For example, "felony murder" laws make those involved in a felony that results in a death liable for the death even if they did not "pull the trigger" or otherwise directly cause the victim's demise such as the getaway driver who helps accomplices flee a botched armed robbery.

In order to convict a person of a crime, the state must usually prove liability in addition to the fact that an act occurred. In other words, in order to prove theft, the state must prove that the defendant took property belonging to another and that the defendant took the property with the intent to deprive the owner of it. But, in the case of a strict liability offense, the prosecution need only prove the person engaged in certain conduct.

Strict liability is the exception in criminal law, not the rule. The rationale for strict liability crimes is that certain acts justify imposing criminal liability regardless of intent.

Examples range from public safety offenses like traffic laws to offenses involving societal or moral harm like statutory rape. A person may be convicted of statutory rape even if the victim consented to the sexual contact and, in some states, even if the defendant did not know the victim was underage.

Criminal liability law also recognizes situations in which the person who personally and directly engaged in the criminal act should not be held liable for the crime. Essentially, even though certain people committed a criminal act, they should not be held to account for it.

The most obvious example is that of a person who is not guilty of a crime by reason of mental incapacity. Another group exempted from certain criminal liability is minors.

The rationale for exempting such individuals from liability is that these people are unable to form the type of intent required to make it fair to hold them to account for the crime. A person found criminally liable by being convicted of a crime may be sentenced to serve time in jail or prison, to pay a fine, or both. In most states, felonies can be punished by a year or more in prison and misdemeanors by less than a year in jail. A person convicted of certain sex crimes might be required to register as a sex offender and abide by other terms upon release, such as periodic reporting to local authorities and staying away from schools, playgrounds, and other facilities where children are present.

The law on criminal liability varies depending on the particular crime charged, the jurisdiction in which the person is charged, and other factors specific to the situation such as the defendant's age.

For questions about what is required to hold someone liable for a certain crime, check the article on that crime and in the state in question on this site. Please sign in to access the full content. Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use for details see Privacy Policy and Legal Notice.

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Sign in with your Library Card Please enter your library card number. Please help us improve our site! No thank you. Criminal Law Primary tabs Overview Criminal law, as distinguished from civil law , is a system of laws concerned with punishment of individuals who commit crimes.

Criminal Codes Each state decides what conduct to designate a crime. Codification of Criminal Procedure Congress codified the federal criminal law and criminal procedure in Title 18 of the U. Elements of a Crime An individual commits a crime if he or she acts in a way that fulfills every element of an offense. Sentencing Guidelines The federal government and state governments have created various sentencing guidelines.

Liability for Accomplices When multiple parties are involved, the traditional first step is to classify the participants according to the following categories: Principal in the first degree — those who actually commit a crime i. Perpetrators are not accomplices and this section does not pertain to them.

Principal in the second degree — those who aided, counseled, commanded, or encouraged the perpetrator in the actual commission of a crime. An abettor is considered an accomplice. Accessory before the fact — those who aided, counseled, commanded, or encouraged the perpetrator to commit the crime, without actually being present at the moment of perpetration.

An accessory before the fact is considered an accomplice. Accessories after the fact are guilty of a separate crime, so this section does not pertain to them. Ex Post Facto An ex post facto law retroactively punishes actions. Punishing For Status A law cannot punish a person simply for their status. Defenses There are a number of defenses available to a defendant in a criminal prosecution. Mistake of Law — a mistake regarding the legal status or effect of some situation.

Mistake of Fact — a mistake regarding the facts of some situation. Justifications — these are complete defenses Self-Defense : the use of force to protect oneself from an attempted injury by another. Defense of property : a person may use force to protect his property from a felony occurring within.