Substantive criminal law refers to the actual laws that define criminal offenses, known as crimes. These laws lay out the specific elements that must be present for a criminal charge to apply.

Elements of a Crime

For a behavior to qualify as a crime under substantive criminal law, it must generally include:

Actus reus – the guilty or prohibited act

Mens rea – the guilty or culpable mindset or intent

Concurrence – the act and the intent must occur together

Criminality – the act must be deemed illegal or against the law

Actus Reus

The actus reus, also known as the guilty act, refers to the actual physical conduct or actions that are deemed illegal. This could include acts like assault, theft, vandalism, trespassing, and so on. The prohibited behavior must be clearly defined.

Mens Rea

Mens rea examines the state of mind accompanying the act. Did the person intend to commit the illegal act? Different types of intent include:

• Purpose/knowledge
• Recklessness
• Negligence

The level of intent required can vary depending on the specific crime.

Concurrence

For criminal liability, the actus reus (guilty act) and mens rea (guilty mind) must occur concurrently. In other words, the intent to commit the crime must exist at the same time the illegal conduct takes place.

Criminality

The act must be designated as illegal and against the law through substantive statutes. Simply because an act causes harm does not automatically make it a crime there needs to be an existing legislative ban.

Classifying Crimes

Crimes are also commonly grouped and classified according to levels of seriousness:

Felonies: Most serious offenses punishable by incarceration over 1 year. Examples include murder, rape, arson.

Misdemeanors: Less serious than felonies, with a maximum punishment of incarceration under 1 year. Covers crimes like petty theft, and simple assault.

Infractions: Minor violations not deemed criminal, punishable only by a fine. Traffic tickets are typically infractions.