Introduction to Criminal Law Chapter 8 Introduction to Criminal Law

State of Mind Almost all crimes require an illegal act accompanied by a guilty state of mind A guilty state of mind usually means that the prohibited act was done intentionally, knowingly, and willfully. Motive is different from State of Mind, where Motive would be the reason for why this act was performed… For ex.- Robin Hood: Stole from the rich to give to the poor, his state of mind was intentional, so it was still a crime.

Mens Rea Mens Reas is the Latin term used by lawyers when they discuss the requirement for a guilty mind In most cases, mere carelessness is not considered a guilty state of mind For example, someone leaves a stove on, building burns to the ground, that person wouldn’t be charged with Arson.

Strict Liability Few cases are strict liability offenses Strict Liability are crimes that do not require a guilty state of mind The act here, is criminal no matter if it was intentional or had criminal intent For example, a shop keeper selling cigarettes to underage persons when the shop keeper believed they looked “old enough”

Strict Liability An example of a strict liability crime is statutory rape Statutory Rape is a strict liability crime, where a person has sex with an underage partner, and because its strict liability, it DOES NOT MATTER if the person knew they were underage or not. Another example is a parking ticket- The State does not have to prove a guilty state of mind, just that a car war parked illegally.

Strict Liability Other examples of strict liability Traffic violations: speeding, running a red light, etc Jaywalking Loitering Disturbing the Peace

General Considerations Every crime is defined by certain elements Elements are items which must be proven at trial in order to convict the offender For example: “Anton the Bully” on page 102

Elements For Example: Robbery Robbery is the unlawful and carrying away of goods or money from someone’s person by force or intimidation Here are the elements of this crime Did this person take and carry away the goods or money? Did they take this away from the person? Did they use force or intimidation?

State and Federal Crimes Criminal Laws exist on both state and federal levels Some acts such as assault, disorderly conduct, drunk driving, and shoplifting can only be prosecuted in STATE COURT unless they happen on federal property

State and Federal Crimes Criminal Laws exist on both state and federal levels Some acts such as failure to pay federal taxes, mail fraud, espionage, and international smuggling can only be prosecuted in FEDERAL COURT Some crimes such as illegal possession of drugs and bank robbery can be tried in BOTH STATE AND FEDERAL COURT

Classes of Crimes Crimes are broken down into two classes Misdemeanors- any crime where an imprisonment penalty is less then a year Jaywalking, most traffic violations, etc… Felonies- any crime where an imprisonment penalty is a year and longer Murder, Rape, Assault etc…

Parties to Crime The person who commits the crime is the principal For example the person who fires the gun in a murder is the principal An accomplice is someone who helps the principal to commit the crime For example a “get-a-way driver”

Parties to Crime An accomplice is someone who helps the principal to commit the crime An accomplice can be charged with THE SAME CRIME as the principal. Accessory before the fact is an accomplice who conspired to commit the crime BEFORE it occurred For example: a Mob Boss who hires a hit-man

Parties to Crime Accessory after the fact is an accomplice who conspired to commit the crime AFTER it occurred An example is someone who helps the principal get away or hide They can be charged with separate charges such as: harboring a fugitive, aiding the escape, or obstructing justice.

Crimes of Omission Crime of Omission is when someone fails to perform an act required by a criminal law, if he or she is physically able to perform the required act For example: When a motorist gets into an accident, they must stop after the accident and not drive away

Preliminary Crimes Inchoate Crimes happen when crimes such as attempt, solicitation, and conspiracy occur Inchoate Crimes require proof of criminal intent but can be punished even if the harm intended never occurred For example: If two people agree to rob a bank, they have committed the offense of conspiracy regardless if they go through with it or not.

Preliminary Crimes Solicitation is the crime when someone asks, commands, urges, or advises a person to commit a crime. Solicitation does not mean the person solicited, or asked, actually commits the crime For example: Dennis wishes to kill his wife, Carmella. Lacking the nerve to do the job himself, he ask Will to kill her. Even if Will refuses, Dennis has committed the crime of solicitation

Preliminary Crimes Attempt is a law in most states where an “attempt” to commit a crime is as serious as if it was committed. To be convicted of “Attempt” requires that the accused must have both intended to commit a crime and taken some “Substantial step” toward committing that crime.

Attempt Continued… For Example: If someone fires a gun at someone they intended to murder, and miss/ injure that person targeted, the shooter is guilty of attempted murder. Another Ex- If a person says they are going to murder someone through shooting a gun, they purchase the gun, and are driving to where that person is… This person can be arrested on their way to the person…

THE “SUBSTANTIAL STEP” The Key to Attempt The Key to Attempt… THE “SUBSTANTIAL STEP”

Preliminary Crimes Conspiracy is an agreement between two or more persons to commit a crime, coupled with an intent to commit the crime and (in some states) some action or conduct that furthers the agreement The designation of conspiracy as a crime allows police to arrest conspirators before they complete the crime. It is also meant to prevent other crimes and to strike against criminal activity by groups. Ex- pg 106 Nick and Lyle…

Preliminary Crimes In many states and under some federal laws, an Overt act- an act that is open to view- is required for conviction on a conspiracy charge. The overt act must occur after the agreement but does not have to be illegal. For example- Assume several people agree to rob a bank. One of them buys a ski-mask that is to be worn during the robbery. The requirement for an overt act has been met for all the other co-conspirators as well.