1. Welcome to Unit 3 CJ230: Criminal Law for Criminal Justice

2. Unit 2Wrap UP Writing Assignment Due Yesterday Criminal Intent Writing Assignment Due Yesterday Criminal Intent Mens Rea and Criminal Intent Mens Rea and Criminal Intent

3. Unit 3 Assignments Seminar or Alternative Paper Seminar or Alternative Paper Quiz Quiz Discussion Board Discussion Board Chapter 6 in Lippman Chapter 6 in Lippman

4. Parties to A Crime Do you have to participate in a crime to found guilty of committing the crime? Do you have to participate in a crime to found guilty of committing the crime?

5. Parties to A Crime Of course not. Of course not. You can aid a person before a crime and still be found guilty as an accomplice to the crime. You can aid a person before a crime and still be found guilty as an accomplice to the crime. This means that you will still be found guilty of the crime itself. This means that you will still be found guilty of the crime itself.

6. Parties to A Crime What about after a crime? What about after a crime? Accessory after the fact Accessory after the fact Under common law theory, people could be found guilty of the crime itself if the aided a criminal after the criminal committed the crime. Under common law theory, people could be found guilty of the crime itself if the aided a criminal after the criminal committed the crime. Today, this is not the case. Normally, the accessory will be charged with something lesser like obstruction. Today, this is not the case. Normally, the accessory will be charged with something lesser like obstruction.

7. Parties to a Crime Why do you think this is the case? Why do you think this is the case?

8. Parties to a Crime So what makes an accomplice? So what makes an accomplice? with the intent of promoting or facilitating the commission of the offense, he.... aids or agrees to attempt to aid such other person in planning or committing it.

9. Parties to a Crime Mental state- must intend to promote, aid or facilitate the commission of the crime. Mental state- must intend to promote, aid or facilitate the commission of the crime. Mere presence is not enough to be convicted as accomplice. Mere presence is not enough to be convicted as accomplice.

10. Parties to a Crime You be the judge: Under the following scenario, who is guilty of the crime under the theory of accountability? You be the judge: Under the following scenario, who is guilty of the crime under the theory of accountability?

11. Parties to a Crime Four gang members are riding in a car. As they pull up to a group of rival gang members, the front seat passenger says I am going to shoot those #$%$! One back seat passenger says “use my gun” and pulls out a gun. The front seat passenger says “no I will use my own.” The other back seat passenger says “Get them!” As they pull up to the people the driver slows down and the front seat passenger files several shots out of the window. Who is guilty of murder? Four gang members are riding in a car. As they pull up to a group of rival gang members, the front seat passenger says I am going to shoot those #$%$! One back seat passenger says “use my gun” and pulls out a gun. The front seat passenger says “no I will use my own.” The other back seat passenger says “Get them!” As they pull up to the people the driver slows down and the front seat passenger files several shots out of the window. Who is guilty of murder?

12. Parties to a Crime Now try this scenario: Now try this scenario: A step father routinely beats his two year old son. In fact, every time the child cries, the father duct tapes the child in a car seat and beats the child with a belt. The mother of the child has seen the father administer this type of beating on several occasions. One night the mother watches as dad beats the child to death. What, if anything, is the mother guilty of? A step father routinely beats his two year old son. In fact, every time the child cries, the father duct tapes the child in a car seat and beats the child with a belt. The mother of the child has seen the father administer this type of beating on several occasions. One night the mother watches as dad beats the child to death. What, if anything, is the mother guilty of?

13. Vicarious Liability Liability imposed on a person for a criminal act committed by someone else. Liability imposed on a person for a criminal act committed by someone else. This is a departure from the norm in our society. Normally we hold people responsible for their own actions and not the actions of another person. This is a departure from the norm in our society. Normally we hold people responsible for their own actions and not the actions of another person. So, why do we do this? So, why do we do this?

14. Vicarious Liability Encourage people in supervisory or positions of control to monitor their underlings closely. Encourage people in supervisory or positions of control to monitor their underlings closely. This protects the prosecution from the “I didn’t know defense.” This protects the prosecution from the “I didn’t know defense.” Should we use something like this with Maria? Should we use something like this with Maria?

15. Vicarious Liability Corporate Liability Corporate Liability Corporations may be held criminally responsible for criminal acts committed by employees. Corporations may be held criminally responsible for criminal acts committed by employees. AIG, Lehman Brothers, etc. This is the current debate at the Justice Department. AIG, Lehman Brothers, etc. This is the current debate at the Justice Department.

16. Vicarious Liability Vicarious Liability has expanded beyond corporations. Can you think of any examples? Vicarious Liability has expanded beyond corporations. Can you think of any examples?

17. Vicarious Liability How many of you have red light cameras where you live? How many of you have red light cameras where you live? Who is responsible? Who is responsible?

18. Vicarious Liability Parents can now be held liable for the actions of their children. Parents can now be held liable for the actions of their children. Do you think this is reasonable or right? Do you think this is reasonable or right?

19. Parental Liability Can you think of any arguments in favor of holding parents responsible for their children? Can you think of any arguments in favor of holding parents responsible for their children? How about arguments against? How about arguments against?

20. Parental Liability Most jurisdictions place an affirmative duty on parents to supervise their children. Most jurisdictions place an affirmative duty on parents to supervise their children. Make them go to school, Make them go to school, Make sure they do not commit crimes, Make sure they do not commit crimes, Etc. Etc.

21. Parental Liability Parental responsibility statutes generally hold parents responsible for the failure to take reasonable steps to prevent their children from engaging in serious or persistent criminal behavior. How should the courts define “reasonable steps” and “persistent criminal behavior”?

22. Parental Liability The goal once again is to protect society. The goal once again is to protect society. We have decided to place an affirmative duty on parents to make sure that society is safe from their children. We have decided to place an affirmative duty on parents to make sure that society is safe from their children.

23. Parental Liability We want parents to keep children: We want parents to keep children: Out of gangs, and away from drugs. Out of gangs, and away from drugs. Can the law force parents to do this? Can the law force parents to do this?

24. Parental Liability Consider this scenario: Consider this scenario: A parent allows his 16 year old son to drink alcohol at the house. The parent also permitted other the son’s friends to drink in the house as long as the friends promised not to drive. One night one of the son’s friends gets drunk, sneaks out of the house and kills someone. What, if anything, should happen to the parent? A parent allows his 16 year old son to drink alcohol at the house. The parent also permitted other the son’s friends to drink in the house as long as the friends promised not to drive. One night one of the son’s friends gets drunk, sneaks out of the house and kills someone. What, if anything, should happen to the parent?

25. Unit 3 Assignments Seminar or Alternative Paper Seminar or Alternative Paper Quiz Quiz Discussion Board Discussion Board Chapter 6 in Lippman Chapter 6 in Lippman