The Basic Task

In a perfect world, legislatures would spell out quite clearly what mens rea is required for every element of every offense they create. Because legislatures rarely write their codes from scratch, choosing instead to adopt ancient formulations of traditional crimes, they often fall short of this mark.

Thus, much of our task in analyzing statutes will be determining exactly what a statute prohibits.  Although it is not always clear from the reported cases, the principal task in interpreting criminal statutes and adjudicating a defendant's guilt is always the same.

First, we must determine what the elements of the charged offense are and what mens rea is required as to each of them.

Then, we examine the defendant's conduct and determine whether or not the state has poven that he did the prohibited acts with the necessary mens rea. If, and only if, the government has proven all of these elements beyond a reasonable doubt may the defendant be convicted of the charged offense.