Criminal Law- Laws, Procedures, and Punishments Lap 2

7 Principles of Criminal Law Legality Actus reus Harm/ resulting injury Causation Mens rea Concurrence Punishment- stated sanctions for those found guilty

Elements of a Crime All must be proven BARD for a conviction Actus Reus- The criminal act itself Must be voluntary Must be defined by law as a crime (“legality”) Mens Rea- A guilty state of mind Intent Done intentionally, knowingly, and willfully Cole 65- 67

Concurrence and Causation Concurrence: Both elements (ar/ mr) must be present at the same time The intent and the act must be related Causation: The act directly caused the harm suffered No XX but for YY

Recap…. Desire/ Motive Opportunity Personality Evidence Reason for performing the act Opportunity Vs. an alibi Personality Evidence

Parties to Crimes Principal Accomplice Accessory before the fact Accessory after the fact

Principal The person who actually engages in the act that constitutes the crime Ex: Booth shot Lincoln at Ford’s Theater

Accomplice The person who aids or encourages the principal to commit the crime Receives the same sentence as principal

Accessory Before the Fact An individual who helps to plan the crime Can receive the same punishment as principal Must prove intent and “help” s/he supplied Ex: Husband hires someone to kill his wife ?????Ex: Mary Surrat delivered guns to a tavern to be picked up by Booth and co-conspirators

Accessory After the Fact Helps the principal (and accomplice) to escape capture harboring a fugitive, aiding an escape . . . Knew the felony was committed Punishment less severe Ex: David Herold helped Booth escape into Maryland and Virginia ?????Dr. Samuel Mudd set Booth’s broken leg when he and Herold appeared at the Mudd home.

OTHER Vicarious Liability- responsible for the conduct of another Enterprise- employees of a corporation were committing crimes while “on the job” In Homework: Occupational crime Cybercrime Organized crime Is it a crime: Seinfield clip

Who is what Daniel, Sarah, and Keith decide that they need to find a quick way to pay for the rent and college expenses. The plot to rob the Allegiant bank down the street. It is decided that Sarah and Keith will go in to the bank to demand money. Daniel will remain in the car for the fast getaway. They flee to Illinois where Daniel’s father lives. They do not tell him what they have done, but he is very suspicious after hearing the news report. He encourages them to study abroad. He even loans them the money to do so.

Scenario 2 Jeb and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and keeps lookout while Jeb goes inside and cracks the safe. After Jeb and Marci made their getaway, beg meets a fiend, Shawn, who was not involved in the actual burglary. Jeb tells Shawn about the burglary, and Shawn helps Jeb get a train out of town. Davis, a former classmate of Jeb and Marci, witnesses the crime but does not tell the police, even though he recognizes both Jeb and Marci. How will each person be charged?

Crime- Suspects and Victims Defendants/ Suspects: Young males Lower income Non-white Unemployed Victims: Young adult males Urban dwellers Lower-income/ poor Non-white Uneducated

Crime- Suspects and Victims Problems for Victims: Fear of defendant Half of violent crimes are committed by someone known to the victim Retaliation by associates Feel they are on trial Long waits/ trial delays More than half of all major crimes are never reported to the police!