Criminal Law Templates
The writing templates of this subject are presented in the following outline. The outline prioritizes practicality, offering context to clarify the relationships between templates and provide a clear framework.
This page begins with an overview of the three elements of a crime. It then introduces specific areas, including homicide, inchoate crimes, accomplice liability, and vicarious liability. Next, crimes are presented in aggregate, organized by the mental state required for each offense. Finally, defenses are presented, categorized according to the mental state they apply to or negate.
On this page:
Elements of a Crime
A criminal offense consists of three primary elements: (1) mens rea, (2) actus reus, and (3) causation, each of which the prosecution must prove beyond a reasonable doubt.
1. Mens Rea
Questions raising the a mens rea issue are complex because the relevant standard depends on (1) whether the crime is defined by common law or statute and (2) the type of crime.
2. Actus Reus
For questions raising an actus reus issue, there are only a few unique rules to consider.
3. Causation
For questions raising a causation issue, there are also only a few unique rules to consider.
4. Transferred Intent
The common law explicitly includes the doctrine of transferred intent, while the MPC implicitly acknowledges a similar concept through a different formulation.
Homicide
If the fact pattern provides statutory rules of homicide, apply them. Otherwise, apply the common law rules.
1. Common Law Homicide
At common law, criminal homicides were divided into (1) murder, (2) voluntary manslaughter, and (3) involuntary manslaughter.
(The analysis of murder includes a consideration of depraved heart and felony murder.)
If a killing is committed in response to adequate provocation (i.e., in the “heat of passion”), it may be reduced to voluntary manslaughter because the malice mental state of the defendant was mitigated.
If the killing lacks malice and adequate provocation, but the conduct was reckless or negligent, consider involuntary manslaughter.
2. Statutory Homicide
Many states have codified common law homicide, typically dividing it into (1) first-degree murder, (2) second-degree murder, (3) voluntary manslaughter, (4) involuntary manslaughter, and (5) negligent homicide.
(The analysis of first-degree murder includes consideration of felony murder.)
When the fact pattern provides statutory definitions for one or more of these crimes, they are generally formulated as follows.
If a killing is committed without premeditation, it may be reduced to second-degree murder.
If a killing is committed in response to adequate provocation (i.e., in the “heat of passion”), it may be reduced to voluntary manslaughter because the knowing mental state of the defendant was mitigated.
If the killing lacks the purposeful and knowing mental states, but the conduct was reckless, consider involuntary manslaughter.
If the killing lacks the purposeful, knowing, and reckless mental states, but the conduct was negligent, consider negligent homicide.
Inchoate Crimes
Inchoate (incomplete) crimes involve actions directed toward committing a crime that ultimately fall short of completion. These crimes focus on the defendant’s intent to bring about a criminal result and their steps toward achieving that goal, even if the crime itself is not realized.
In the following inchoate analyses, the doctrine of merger is addressed where applicable:
- Solicitation
- Attempt
- Conspiracy
Accomplice Liability
Accomplice liability, including accessory after the fact, is a distinct category of criminal liability that addresses individuals who, though not the principal perpetrators, contribute to the commission or aftermath of a crime.
- Accomplice
- Accessory After the Fact
Vicarious Liability
Vicarious liability imposes criminal responsibility on the defendant for the actus reus of a third party. Thus, it does not require an actus reus directly committed by the defendant, nor does it require proof of mens rea.
- Vicarious Liability
- Vicarious Liability of Strict Liability Crimes
Crimes by Mental State
A comprehensive list of crimes organized by the type of mental state that each requires follows. Further down the page, defenses are similarly organized.
When the question defines the crime by statute, the required mental state is specified (e.g., purposely, knowingly, recklessly, or negligently, as per the MPC).
When the question does not define the crime by statute, assume the common law governs and specify the mental state (e.g., specific intent, malice, and general intent).
Crimes with a Specific Intent (Purposeful) Mental State
Specific intent crimes require not only the intent to perform the act but also a purpose to achieve a particular result. Closest to the “purposeful” mental state under the MPC.
Crimes Against the Person:
- First Degree Murder
- Assault (with intent to cause apprehension)
- Kidnapping
- Solicitation
- Attempt
- Conspiracy
- Accomplice
- Accessory After the Fact
- Sedition
Crimes Against Property:
- Larceny
- Larceny by Trick
- Forgery
- Embezzlement
- False Pretenses
- Burglary
Other Crimes:
- Bribery
- Perjury
- Subordination of Perjury
Crimes of Malice (Knowing or Reckless) Mental State
Malice crimes involve a “wicked” or “reckless” disregard for human life or an intentional or grossly reckless disregard for the law. Closest to the “knowing” and “reckless” mental states under the MPC.
Crimes Against the Person:
- Common Law Murder
- Second Degree Murder
- Voluntary Manslaughter
- Involuntary Manslaughter (some jurisdictions consider this a general intent crime)
Crimes Against Property:
- Arson
Crimes with a General Intent (Reckless or Negligent) Mental State
General intent crimes require only the intent to perform the prohibited act itself, without the need for an intent to cause a specific result. Closest to the “reckless” or “negligent” mental states under the MPC.
Crimes Against the Person:
- Battery
- Assault (only with intent to make contact)
- Mayhem
- False Imprisonment
- Rape
- Incest
- Adultery and Fornication
- Crimes Against Nature
- Involuntary Manslaughter
Crimes Against Property:
- Robbery
- Extortion
- Possession of Illegal Drugs
- Receiving Stolen Goods
Crimes of Strict Liability
A strict-liability crime does not require proof of a mens rea; instead, establishing the actus reus alone is sufficient for a conviction. These offenses are typically created to protect public welfare or regulate inherently dangerous activities where the risk of harm is significant.
- Statutory Rape
- Bigamy
- Regulatory Offenses for Public Welfare
- Regulation of Food, Drugs, and Firearms
- Selling Liquor to Minors
Defenses by Mental State
Defenses are categorized as either (1) justifications or (2) excuses.
1. Justification Defenses
Justification defenses apply to all common law and MPC mental states because they establish that the defendant’s actions were lawful or socially acceptable under the circumstances.
- Self-Defense
- Defense of Others
- Defense of Property
- Lawful Arrest
- Prevention of Crimes
- Public Authority
- Parental Authority
2. Excuse Defenses
Excuse defenses vary in applicability, applying to crimes of certain mental states and not others.
a. Defenses to Specific Intent and Purposeful Mental States
The following defenses may negate the defendant’s specific intent or purposeful mental state.
- Insanity
- Duress
- Entrapment
- Voluntary Intoxication
- Involuntary Intoxication
- Diminished Capacity
- Mistake of Fact (if it negates the specific intent or purpose)
- Mistake of Law (where an element of a crime requiring awareness of a specific law is negated)
b. Defenses to Malice, General Intent, Knowing, Reckless, and Negligent Mental States
The following defenses may negate the defendant’s malice, general intent, knowledge, reckless, or negligent mental state, unless otherwise noted.
- Insanity
- Involuntary Intoxication
- Mistake of Fact
- Duress (only General Intent and Knowing; not homicide)
- Entrapment (only General Intent and Knowing)
3. Other "Defenses"
These defenses are unique in that they either negate an element of the crime directly (such as Alibi) or serve as affirmative defenses where lack of consent is required.
- Alibi
- Consent
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