Minnesota Crimes & Criminal Laws

Estimated reading time: 5 minutes

What is a crime, exactly?

Crimes are acts legally punishable by deprivation of liberty or life.

We explore Minnesota crimes, criminal statutes and defenses.

Two Liberty interests: So, criminal cases in Minnesota involve potentially locking them up; and labeling them a criminal. See, Apprendi v. New Jersey, 530 US 466, 477 (US Supreme Court 2000) (citing In re Winship, 397 US 358.) (identifies two liberty interests — first, the interest in avoiding a commitment to reform school; second, the stigma of being adjudged a delinquent.)

Who are the accused? Many great people in history faced criminal charges.

Consider, The Trial of Jesus. And Socrates, Joan of Arc. But were they guilty of real crimes? These cases teach us a healthy skepticism about governments’ criminal laws.

To err is human: The criminal laws and the legal system are the product of humans – imperfect and flawed. And the accused is at a disadvantage. So a person facing an accuser needs a good defense lawyer, to be heard. For example, see:

Jesus as Defense Lawyer: Woman Accused of Adultery.

“Rightful liberty is unobstructed action according to our will, within the limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’; because law is often but the tyrant’s will, and always so when it violates the right of an individual.”

Thomas Jefferson to Isaac H. Tiffany, 4 April 1819

Crimes: It is written

No person today can be held criminally responsible unless the law is:

• written,
• clearly prohibits an intentional act,
• with a defined penalty.

And statutes serve those purposes. But judges and juries apply the laws to cases based upon evidence presented. Judges write legal opinions interpreting statutes and other criminal laws.

Recipe for a Crime

Statutes are the laws created by the legislature, sometimes signed by the Governor. And every criminal statute must have “elements.” We call these the elements of the crime.

The prosecuting attorney must claim to have evidence to prove each and every element of the criminal statute. But the jury decides the issues of fact and law, in the jury trial.

Some criminal statutes have numerous elements. And some have the minimum. But every criminal statute contains at least these basic elements:

• Jurisdiction (including geographic)
• Prohibited Act
• Criminal Intent
• Identity (person prosecutor accuses)

“Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.”

Daniel Webster, speech in US Senate, Feb. 22, 1834

Types of Defenses

Because the burden of proving prosecution claims is on the prosecutor, the defense has no burden of proving anything. One reason for this is the difficulty in proving a thing did not happen. (Try proving a negative.)

So, a main type of defense is simply pointing out the prosecutor’s failure to prove one element of the crime. Remember if evidence for even one “element” of the criminal statute is missing or weak, the defendant is not-guilty. (Example: Evidence shows that a crime happened to a person, but not that the defendant did it.)

The prosecutor must attempt to introduce evidence in the trial on each and every element, during the government’s case-in-chief. And after the prosecution rests its case, the defense may present evidence if it chooses, but may not feel the need. (Sometimes because the prosecution evidence is so weak.)

But we all have many other defenses potentially available in a given case. See the gateway page:

Criminal Defenses | Defense Issues.

“Ought there be a law?” Remember the Ten Commandments? Ok, good. So, now, do you remember the 648 Chapters of Minnesota Statutes? (It’s o.k. Nobody does.)

We have so many laws today; so many criminal laws. And every year, they make more laws; more manufactured crimes. For example, should we Repeal the Minnesota Anti-Mask Law?

First, do no harm: Do people really believe that a law is a magic solution? And, can laws solve every human problem; with words, backed up by the brute force of the State?

Or, have we passed a tipping a point, where our criminal laws now cause more problems than they solve?

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it … can even do much to help it …”

Learned Hand, Judge, US Court of Appeals 2d Cir, “Spirit of Liberty” Speech 1944

And the jury is right to ask, is this the kind of case the law intended to punish?

The Defense

Each one of us has a role to play in guarding the individual Liberty. When you protect his or hers; and you’re protecting yours and your family. And that is the only way that you can. If “the other” is at risk, you will be too.

The jury and the judge are the last line of defense against government violation of our human rights. And the defense attorney is our advocate of Liberty, on behalf of the accused.

Types of crimes

Gallagher Criminal Defense represents clients facing criminal charges in Minnesota courts, including:

Property, Theft, Fraud, Embezzlement and White Collar crimes

Sex crimes

Crimes against persons

Domestic crimes

Public Order crimes

Drug crimes

Impaired Driving and Alcohol

Gun Charges

Question? Call Attorney Thomas Gallagher, 612 333-1500

You can change the direction of your case by choosing the right lawyer. When you learn that you are a target of a police investigation or a criminal prosecution, you need a criminal defense lawyer. After all, these are legal problems with legal solutions.

A good criminal defense attorney will begin to untangle the knot. But you want the best. And Minneapolis Criminal Defense Attorney Thomas Gallagher knows what to do.

More

This main “crimes” page, with links to several individual crime pages, helps inform and empower you. And check out the site search service, at the top of the page, next to the menu. Other pages cover:

Steps in the Minnesota Criminal Justice System Process

Criminal Evidence Law | Suppression

Articles on Asserting Your Legal Rights

Unlawful Arrest and Illegal Evidence

About Defense Attorney Thomas Gallagher