Skip to Main Content

Criminal Law: Introduction

A guide outlining materials available through the Capital Law Library to assist students with first-year Criminal Law classes.

CRIMINAL LAW


This research guide provides an overview of Criminal Law resources and other related sources. 

What is criminal law?

The study of criminal law is the study of crimes and the principles of criminal responsibility for those crimes...A person charged with a crime is presumed innocent. Moreover, she may not be convicted - the presumption of innocence is not overcome - unless her guilt is proved "beyond a reasonable doubt"...Generally speaking, crimes have two components: the "actus reus," the physical or external portion of the crime; and the "mens rea," the mental or internal feature...The actus reus of an offense consists of (1) a voluntary act (or, rarely, a failure to act); (2) that causes; (3) social harm...A careful look at the definition of "actus reus"...indicates that there must be a link between the voluntary act (or omission) and social harm. That link is "causation"; the defendant's voluntary act (or omission) must "result in" - cause - the social harm...Generally speaking, "mens rea" has two meanings...Broadly speaking "mens rea" is defined as "a general immorality of motive," "vicious will," or an "evil-meaning mind"..."Mens rea" may also be defined, simply, as "the particular mental state provided for in the definition of an offense."

- Joshua Dressler, Understanding Criminal Law (8th ed. 2018). 

Criminal Law in 4 Minutes

What is the difference between criminal law and tort law?

First, unlike torts and contracts, the criminal law involves public law. That is, although the direct and immediate victim of a crime typically is a private party (e.g., the person who is robbed, assaulted, or kidnapped), and other individuals are indirectly harmed (e.g., the family members of the direct victim), a crime involves more than a private injury. A crime causes "social harm," in that the injury suffered involves "a breach and violation of the public rights and duties, due to the whole community, considered as a community, in its social aggregate capacity." For this reason, crimes in the United States are prosecuted by public attorneys representing the community as a whole, and not by privately retained counsel. There is more, however, that should distinguish a criminal wrong from its civil counterpart. A person convicted of a crime is punished..."[T]he essence of punishment...lies in the criminal conviction itself," rather than in the specific hardship imposed as a result of the conviction. The hardship suffered as a result of the criminal conviction may be no greater or even less than that which results from a civil judgment...What, then, essentially distinguishes the criminal law from its civil counterpart, or at least should distinguish it, is the societal condemnation and stigma that accompanies the conviction. 

- Joshua Dressler, Understanding Criminal Law (8th ed. 2018). 

Non-Exhaustive List of Crimes

  • Homicide 
    • Murder
    • Manslaughter
    • Negligent Homicide
    • Felony Murder
  • Theft
    • Larceny
    • Larceny by Trick
    • Embezzlement 
    • False Pretenses 
    • Burglary 
    • Robbery 
  • Rape (Sexual Assault) 
  • Attempts
  • Solicitation
  • Conspiracy 
  • Accomplice Liability 

Questions? Contact Us!

(c) Capital University. All rights reserved.
Capital University Law Library, 303 E. Broad Street, Columbus, Ohio 43215, 614-236-6464
Information found on these pages does not constitute legal advice. Use of these guides does not create an attorney-client relationship.
Capital University students, faculty, staff, alumni, and attorneys looking for reference assistance with legal materials may contact the reference department at reference@law.capital.edu. or call 614-236-6466 during normal reference hours.

Visit us at: Instagram Icon OR Facebook Icon