Title: South Dakota Law School 1L Study Guide for Criminal Law
I. Introduction to Criminal Law
Criminal law revolves around the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals who commit these crimes.
II. Elements of a Crime
A crime generally consists of two elements: (i) an actus reus (a wrongful act) and (ii) mens rea (a guilty mind).
III. Specific Intent vs. General Intent
Specific intent requires the defendant to have a specific intent or purpose to commit a certain crime, while general intent merely requires the defendant to intend the act that constitutes the crime.
IV. Actus Reus
Actus reus refers to the physical act of the crime. It can be an affirmative action or a failure to act when the law imposes a duty to act.
V. Mens Rea
Mens rea refers to the mental state of the defendant at the time of the crime. It is often classified into four broad categories: intentional, knowing, reckless, and negligent.
VI. Causation
In criminal law, there must be a cause and effect relationship between the defendant’s actions and the harm suffered by the victim.
VII. Strict Liability Crimes
Strict liability crimes are those in which the defendant is held liable regardless of mens rea.
VIII. Inchoate Crimes
Inchoate crimes are crimes that were begun but not completed. They include attempt, solicitation, and conspiracy.
IX. Defenses to Crimes
Defenses to crimes refer to justifications or excuses the defendant raises to avoid criminal liability. They include self-defense, necessity, duress, and insanity.
Case Law:
- Case: People v. D (South Dakota, 2008)
Issue: Whether the defendant’s act constituted actus reus.
Rule: The actus reus of a crime is the conduct that comprises the physical aspect of a crime.
Application: The court held that the defendant’s conduct constituted actus reus.
Conclusion: The defendant was found guilty of the crime.
- Case: State v. M (South Dakota, 2012)
Issue: Whether the defendant’s mental state constituted mens rea.
Rule: The mens rea of a crime involves the mental state of a person while committing a crime.
Application: The court found that the defendant acted with mens rea.
Conclusion: The defendant was found guilty of the crime.
- Case: Johnson v. State (South Dakota, 2015)
Issue: Whether the defendant’s actions were the cause of the harm suffered by the victim.
Rule: Causation in criminal law refers to the cause-and-effect relationship between the defendant’s actions and the harm suffered by the victim.
Application: The court held that the defendant’s actions were the cause of the harm suffered by the victim.
Conclusion: The defendant was found guilty of the crime.
This study guide provides an overview of the key concepts and principles of criminal law in South Dakota. It is recommended to supplement this guide with additional readings, case reviews, and practice questions for a comprehensive understanding of South Dakota criminal law.