Limiting Responsibility: Criminal Doctrines

This chapter examines doctrines in criminal law that limit an injurer’s liability. The chief of these is intent, which is a pre-requisite for finding a defendant criminally responsible. The chapter discusses the meaning of intent, and how crimes differ from torts. It also discusses procedural safeguards for criminal defendants, including the presumption of innocence and the warrant requirement for searches and seizures of evidence (as enforced by the exclusionary rule). Other protections include non-prosecution for failed attempts, and the defenses of entrapment, mistaken beliefs, and ignorance of the law. The chapter also discusses leniency for first offenses based on the idea of redemption, and concludes by offering a justification for intentional non-enforcement of certain laws.