When arriving at the Roger Williams University School of Law a little after six in the morning, I’m not the first one here. It’s inspiring to see other students starting their day early, motivated, and eager to be a #changemaker.
I provided a brief update on the first month of school, and I would be remiss to not include “brief information” about the other courses I am taking: Criminal Law and Torts.
Criminal Law
Before arriving at Law School, I didn’t know much about Criminal Law besides what one could see on TV, films, and through the media. The Criminal Law professor is distinguished in the field – previously attending New York University School of Law and starting some innovative programs specifically to help people fighting sexual assault and abuse in New York City. I wish I knew more about Criminal Law when my brother was shot and taken from us, but I sense his support, guidance, and love during these challenging days.
We have looked at the basic core requisite of crime in America: the actus reus (physical act or omission to act), the mens rea (guilty mindset), a connection between the actus reus and a social harm, and concurrence between the actus reus and the mens rea. This is true, except for Strict Liability (SL) cases where there is no mens rea requirement.
The psychology of Criminal Law is fascinating: there is a different mens rea associated with different levels of crime: purposely, knowingly, recklessly, and negligently. How do we, for certain, know the mindset of a criminal at the moment the crime was performed?
With each news article or case we study, the Professor encourages us to think about the goals of punishment. Was it retribution? Deterrence? Rehabilitation?
And why?
And was it effective?
And was it fitting for the crime?
States in America are split between using the Model Penal Code (MPC) and Common Law (CL); it often depends where the act is committed for what the punishment may be. Regardless, America has one of the highest levels of incarcerated people in the world with quite disproportionate numbers of people from black and hispanic parts of our population.
It is a huge cost on the system as well. The average annual cost of someone in jail could range from $20,000-$38,000 a year.