Vocabulary State of mind: prohibited act is done intentionally, knowingly, or willfully (level or awareness) Example: arson-burning a person’s property 1) dousing an apartment with gasoline and lighting a match 2) leaving the stove on by accident Motive: reason for performing the act Difference between the two: Robin Hood Motive: steal from the rich to give to the poor State of mind: intentional

Vocabulary continued Strict liability: crimes that do not require a guilty state of mind, the act itself is criminal Usually crimes that do not carry severe penalties Example: selling alcohol to minors Principal: person who commits the crime Accomplice: someone who helps the principal Accessory before the fact: person who orders or helps the principal but is not present during the crime; they can usually be charged with the same crime Accessory after the fact: person who knows a crime was committed and helps the principal avoid capture Crime of Omission: failure to perform an act required by law

Vocabulary continued Elements: every crime is defined by elements or parts that must all be proven beyond a reasonable doubt to convict Example: Robbery is defined as the unlawful taking and carrying away of goods or money from someone’s person by force or intimidation Elements of Robbery 1) talking and carrying away of goods or money 2) taking from someone’s person 3) use of force or intimidation Is this robbery: Someone breaks into your house when you are not home and takes your property

Preliminary Crimes Behaviors that take place before another crime, often in preparation for that crime They are complete crimes in themselves and can be punished even if the other crime never occurred Ex: when two people agree to rob a bank, they commit the crime of conspiracy, even if they never actually rob the bank

Types of Preliminary Crimes Solicitation – asking, commanding, urging, or advising another person to commit a crime Does not require the person asked to actually commit the crime, just asking is a crime Attempt – a person intends to commit a crime and takes a “substantial step” toward committing the crime Also occurs when someone performs all elements of the crime but fails to achieve the criminal result Conspiracy – an agreement between two or more persons to commit a crime

Decide whether any of the following individuals would be guilty of attempt: Martin, a bank teller, figures out a foolproof method of stealing money from the bank. I takes him some time to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend that tomorrow he will steal the money. His girlfriend tells the police and Martin is arrested an hour later Gilbert, an accomplished thief, is caught while trying to pick Frank’s pocket. He pleads not guilty and says he cannot be convicted because Frank did not have any money on him

Continued Rita and Andy decide to rob a liquor store. They meet at a pub and talk over their plans. Rita leaves to buy a revolver, and Andy leaves to steal a car for their getaway. Rita is arrested as she walks out of the gun store and Andy is arrested while trying to hot-wire a car Amy decides to burn down her store to collect insurance money. She spreads gasoline around her building. She is arrested while leaving the store to get a book of matches