Silicon Valley Business School

Contents of SVBS Course: Criminal Law

The principals of criminal law in the U.S. are presented in this module. Students learn the elements of a criminal case, certain serious crimes, how criminal liability can be extended to reach third party defendants and common defenses to criminal charges.

Learning Objectives and Outcomes

Upon completion of this course you will be able to:

Appreciate the purpose of criminal law and identify the sources of criminal law in the U.S.
List the essential elements of certain serious crimes such as murder, manslaughter and rape.
Identify the key elements of inchoate crimes such as attempt, solicitation, conspiracy and accomplice.
List and explain the key defenses presented in criminal cases, including justification, self-defense, excuse, intoxication, insanity, mistake and impossibility.
Understand how a criminal case is structured, and identify the various steps involved.


Course Sections

The course is organized into the following sections:

Criminal Law: Background & Justification
Criminal Law: Sources of U.S. Criminal Law
Criminal Law: Classifications of Crimes
Criminal Law: Elements of a Criminal Case
Criminal Law: Mens Rea (Guilty Mind) ~ The Defendant's Mental State
Criminal Law: Capital Punishment ~ Death Penalty
Criminal Law: Murder & Unintentional Killing
Criminal Law: Sex Crimes
Criminal Law: Property Crimes
Criminal Law: White Collar Crimes
Criminal Law: Inchoate (Incomplete) Crimes
Criminal Law: Selected Defenses
Criminal Law: Sentencing

Criminal Law: Background & Justification
  • Video ~ What is Criminal Law? Why Does it Exist?
  • Reading ~ History of Criminal Law
  • Reading ~ Criminal Law Basics
  • An overview which discusses the basics of criminal law: criminal statutes, criminal law players and procedure, and the potential outcome of a criminal case.

    Criminal Law: Sources of U.S. Criminal Law
  • Video ~ Sources of Criminal Law
  • Most criminal law in the United States is statutory, defined by legislators rather than judges. Since 1952, parts of the Model Penal Code (MPC) have been adopted by the states in setting their own statutes. But the MPC is mixed with the common law in most Jurisdictions. In most states, the criminal code is a mixture of MPC and common law.

  • Video ~ Basics of Criminal Law
  • Reading ~ Introduction to the Model Penal Code
  • Criminal Law: Classifications of Crimes
  • Reading ~ Implications of a Crime's Classification
  • Reading ~ Felonies
  • Felonies are deemed the most serious class of offense throughout the United States. Depending on the circumstances surrounding the crime, felonies are generally punishable by a fine, imprisonment for more than a year, or both.

  • Reading ~ Misdemeanors
  • A misdemeanor is a criminal offense that is less serious than a felony and more serious than an infraction. Misdemeanors are generally punishable by a fine and incarceration in a local county jail, unlike infractions which impose no jail time. Many jurisdictions separate misdemeanors into three classes: high or gross misdemeanors, ordinary misdemeanors, and petty misdemeanors.

  • Reading ~ What Distinguishes a Misdemeanor From a Felony?
  • Misdemeanors are usually defined as a crime which is punishable by up to a year in jail time. On the other hand, felonies are usually defined by the fact that they are punishable by prison sentences of greater than one year. Felonies are the most serious types of crimes.

  • Reading ~ Infractions
  • An infraction, sometimes called a petty offense, is the violation of an administrative regulation, an ordinance, a municipal code, and, in some jurisdictions, a state or local traffic rule.

    Criminal Law: Elements of a Criminal Case
  • Video ~ Key Components of a Criminal Case
  • Video ~ Actus Reus
  • In this video, you will get acquainted with the legal term "Actus Reus".

  • Video ~ What Is A Grand Jury?
  • This video discusses the role of a grand jury in determining whether a suspect should be charged with a crime.

  • Reading ~ How to Break Down a Criminal Statute
  • Criminal Law: Mens Rea (Guilty Mind) ~ The Defendant's Mental State
  • Video ~ Mens Rea
  • Video ~ Strict Liability Crimes
  • What is a strict liability crime? This video discusses criminal laws that do not require the prosecutor to prove that the defendant acted with a culpable mental state.

  • Reading ~ Mens Rea
  • Most crimes require what attorneys refer to as "mens rea," which is simply Latin for a "guilty mind." In other words, what a defendant was thinking and what the defendant intended when the crime was committed. Mens rea allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who intentionally set out to commit a crime.

    Criminal Law: Capital Punishment ~ Death Penalty
  • Video ~ Capital Murder
  • Video ~ Death Penalty History in U.S.
  • Video ~ Execution
  • States have encountered many problems in using lethal drugs to bring about executions, from obtaining the drugs to the qualifications of those who administer them. After a number of botched executions, some states made all information about carrying out executions secret. This video reviews the problems and the legal issues presented by them.

  • Video ~ Death Penalty Case Study
  • Video ~ Perspectives On How The Death Penalty Has Worked Since 1976
  • A number of people sentenced to death have been exonerated and released. There are substantial questions about the innocence of others who were executed. This video examines the factors that lead to conviction of the innocent.

  • Video ~ Innocence, Clemency, Execution & Perspectives
  • Video ~ Mental Health Issues
  • Video ~ Jury Selection in Death Penalty Cases
  • The video examines the law and practice of jury selection, including how jury selection is conducted, questioning of prospective jurors about sensitive issues such as racial bias, the exclusion of jurors because of their attitudes on the death penalty, and rulings by judges about whether prospective jurors can be fair and impartial.

  • Video ~ Effective Assistance of Counsel
  • This video examines the quality of legal representation for poor people accused of capital or other crimes, as well as the right of a defendant to a lawyer who is not representing defendants with conflicting interests.

  • Video ~ The Sixth Amendment, Equal Protection and Due Process
  • Video ~ Clemency
  • Some death sentences are commuted to life imprisonment or another sentence. This video examines the power of the executive in exercising the commutation power and the factors that often influence the clemency decision.

  • History of Death Penalty Laws
  • Reading ~ Death Penalty
  • Some serious criminal offenses are punishable by death, most often violent homicides where it is determined by the jury that the convicted offender lacks remorse. Capital punishment, commonly referred to as the death penalty, remains controversial and has been outlawed in some states.

  • Reading ~ The U.S. and the Death Penalty
  • Reading ~ Death Penalty Challenges
  • Reading ~ Temporary Abolition of the Death Penalty
  • The death penalty has been at the center of controversy throughout the country's history. Multiple campaigns attempting to eliminate its use have been mounted at various times. The most successful of these attempts resulted in a four year ban on death penalties throughout the United States.

  • Reading ~ Reinstatement of the Death Penalty
  • Reading ~ Recent Developments: The Death Penalty
  • Reading ~ Recent Death Penalty Statistics
  • Reading ~ Capital Punishment at the Federal Level
  • Criminal Law: Murder & Unintentional Killing
  • Video ~ Intentional and Unintentional Killing
  • Video ~ Felony Murder
  • Video ~ Provocation & Murder
  • Reading ~ Murder
  • Reading ~ Definitions
  • Reading ~ First Degree Murder
  • In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies, such as: Arson; Burglary; Kidnapping; Rape; and Robbery.

  • Reading ~ Second Degree Murder
  • Second-degree murder is ordinarily defined as: 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

  • Reading ~ Voluntary Manslaughter
  • Reading ~ Involuntary Manslaughter
  • Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as a DUI).

    Criminal Law: Sex Crimes
  • Video ~ Rape
  • Reading ~ Rape
  • Reading ~ Statutory Rape
  • Statutory rape refers to sexual relations involving someone below the "age of consent." People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.

  • Reading ~ Sexual Assault
  • Reading ~ Prostitution
  • Sometimes called "the oldest profession," prostitution can take many forms, from streetwalkers and brothels, to sophisticated call-girl or escort services. Prostitution laws make it a crime to offer, agree to, or engage in a sexual act for compensation. Prostitution is illegal in all states except certain parts of Nevada, where it is strictly regulated.

    Criminal Law: Property Crimes
  • Reading ~ Theft
  • Theft is often defined as the unauthorized taking of property from another with the intent to permanently deprive them of it.

  • Reading ~ Burglary
  • Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny).

  • Reading ~ Robbery
  • Many states define robbery as theft/larceny of property or money through the offender's use of physical force or fear against a victim.

  • Reading ~ Larceny
  • Larceny is what most people think of as common theft - the taking of someone else's property without the use of force. The Model Penal Code and the laws of several states place larceny and certain other property crimes under the general category of theft.

    Criminal Law: White Collar Crimes
  • Reading ~ Fraud
  • Fraud is a broad term that refers to a variety of offenses involving dishonesty or "fraudulent acts". In essence, fraud is the intentional deception of a person or entity by another made for monetary or personal gain.

  • Reading ~ Securities Fraud
  • Generally, securities fraud occurs when someone makes a false statement about a company or the value of its stock, and others makes financial decisions based on the false information. In this article, you will find information on common forms of securities fraud.

  • Reading ~ Tax Evasion
  • Tax evasion is when a person or a company purposefully underpays its taxes.

  • Reading ~ Embezzlement
  • Embezzlement is defined in most states as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets.

  • Reading ~ Extortion
  • Reading ~ Money Laundering
  • Reading ~ Bribery
  • Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee. In general, bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts.

  • Reading ~ Forgery
  • Forgery involves a false document, signature, or other imitation of an object of value used with the intent to deceive another.

  • Reading ~ Racketeering/RICO
  • Criminal Law: Inchoate (Incomplete) Crimes
  • Video ~ Attempt
  • Video ~ Solicitation
  • The crime of solicitation involves asking, inviting, inducing or counseling someone else to commit a crime.

  • Video ~ Conspiracy
  • Conspiracy is an agreement between two or more people to commit a crime.

  • Reading ~ Attempt
  • The definitions for criminal attempt -- in which the defendant ultimately fails to pull off the crime -- vary from state to state. But generally, attempted offenses occur when an individual has an actual intent to commit a crime (in legal terms, specific intent), and takes direct action toward completion of the crime. Typically, an individual will have failed to complete the crime, but this is not necessarily required.

  • Reading ~ Solicitation
  • Though state laws vary, to be guilty of solicitation, one must: request that someone else engage in criminal conduct; and have the intention to engage in criminal conduct with that person.

  • Reading ~ Conspiracy
  • Criminal Law: Selected Defenses
  • Video ~ Justification
  • Video ~ Impossiblity
  • Video ~ Excuse ~ Intoxication, Insanity & Mistake
  • Video ~ Double Jeopardy
  • What is double jeopardy? This video discusses the principle as applied in the United States that a defendant should not be tried twice for the same crime.

  • Reading ~ Insanity under MPC
  • A criminal defendant who is found legally insane (or "not guilty by reason of insanity") cannot be held accountable for crimes resulting from the condition. This article focuses on the Model Penal Code (or MPC) legal standard for insanity.

    Criminal Law: Sentencing
  • Video ~ Plea Agreements
  • Certificate Course
    This certificate tracks your progress and tests you in each section. Once you have passed all the quizzes, submitted an assignment and reviewed all the materials, you will be awarded a certificate of completion.