General
 “Corpus Delicti”
 Lesser included offenses
 The concept of “mens rea” vs. “actus rea”
 Intent vs. motive
 Causation
 Punishment
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Criminal intent
• Specific intent
• General intent


Criminal laws state the required intent
Strict or absolute liability
• No finding of mens rea required
• Often imposed by regulatory statutes, such as
environmental laws

Criminal act
• “actus reus” (guilty act)

Criminal intent
• “mens rea” (evil intent)
 Felony
vs. misdemeanor
 Preliminary crimes
• Solicitation
• Conspiracy
 The “overt act” requirement for a conspiracy
 Liability for conspiracy

• Attempts
• Aider and abettor
Accessory after the fact
Crimes against the person
 Crimes against property
 Crimes against public order / morals

General
 Statute of limitations
 Former jeopardy
 Ex post facto prohibition


4th Amendment
• Unreasonable search and seizure

5th Amendment
• Protection against self incrimination
• Immunity from prosecution
 Government agrees not to use any evidence given by a person
granted immunity against that person
 Once immunity given, can’t invoke the 5th Amendment privilege

5th Amendment
• Privileged communications protected
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
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
Attorney-client
Psychiatrist/psychologist-patient
Priest-penitent
Spouse-spouse
Parent-child
• Double jeopardy
 Protects persons from being tried twice for the
same crime
 Applies to same sovereign

6th Amendment
• Right to a jury trial
• Right to confront (cross examine)
witnesses
• Right to counsel
• Right to have a speedy trial
 Civilian - The Speedy Trial Act
requires that a criminal defendant be
brought to trial within 70 days after
indictment
 Military – 120 after the earlier of
preferral of charges or imposition or
restraint

8th Amendment
• Protection against cruel and unusual punishment
 Prohibits torture
 Prohibits abusive punishment
• Does not prohibit capital punishment
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
Intoxication
Insanity
Accident
Impossibility / Inability
Coercion / Duress
Alibi
Self-defense
Entrapment
Mistake
of fact
 Impact
of OSHA
 Criminal Provisions of OSHA
 Criminal laws dealing with
negligence /safety violations
•
•
•
•
•
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•
Willful disobedience of orders
Dereliction of duty
Drunken or reckless driving
Military property of the United States
Negligent homicide
Involuntary manslaughter
Wanton murder
 General
OSHA provisions
 Penalties for OSHA violations
 Types of violations
• Willful
• Repeated
• Serious
 Impact
of OSHA
violation on state
criminal prosecution
 Provisions
of Environmental Protection Laws
• Clean Air Act of 1970
• Federal Water Pollution Control Act / Clean Water
Act
• Comprehensive Environmental response,
Compensation and Liability Act
• Resource Conservation and Recovery Act
• National Environmental Policy Act
• Toxic Substances Control Act

“Mens rea” requirements of environmental
criminal provisions
◦ Negligent violations
◦ Knowing violations
◦ Knowing endangerment violations

Extent of criminal liability under environmental
statutes
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Levels of involvement
Direct involvement
Indirect involvement
The Responsible Corporate Officer Doctrine