Introduction to Criminal law

Almost all acts require an act and a guilty state of mind (done intentionally, willfully or knowingly- called intent) Carelessness is usually not considered intent Motive and intent are different -motive is the reasoning behind the crime

Strict Liability Offenses Do not require a guilty state of mind or intent The act itself is criminal Usually limited to crimes that do not carry severe penalties or to crimes that are a larger attempt to regulate some area of conduct ex: selling beer to a minor

General Considerations Every crime is defined by certain elements, which each being proven at trial to convict The prosecutor must prove beyond a reasonable doubt that every element of the crime was committed

Example: robbery is defined as the unlawful taking and carrying away of goods or money from someone’s person by force or intimidation elements: 1. taking and carrying away of goods 2. taking from someone’s person 3. use of force or intimidation All 3 elements must be present in order to convict

If someone breaks into your home and you are not there, they cannot be convicted of robbery -elements of robbery are not present -would be charged with burglary -breaking and entering with intent to commit a felony

A single act can be both a criminal act and a civil wrong example: Troy burns down Kelly’s home. Troy can be charged with arson and Kelly can sue to recover the damages that he caused by setting her home ablaze.

State and Federal Crimes Criminal laws exist at both levels Some acts, such as drunk driving or shoplifting, can only be charged by the state. Some acts, such as failure to pay your federal income taxes or mail fraud can be charged by the feds. Some acts, such as a bank robbery or illegal possession of drugs can violate both and can be prosecuted in either state or federal court

Classes of Crimes Can either be classified as felonies or misdemeanors -felony: crime where the potential penalty is imprisonment for more than a year -misdemeanor: crime where the potential penalty is imprisonment for one year or less

Parties to a Crime Principal- the party or parties that commit the crime Accomplice- someone who helps the principal commit the crime- can be convicted of a crime in the same manner as the principal

Accessory before the fact- a person that orders a crime or helps commit the crime but is not present when the crime was committed- can usually ne charged in the same manner as the principal Accessory after the fact- a person who knows that a crime has been committed, who helps the principal or accomplice avoid capture- usually charged with harboring a fugitive, aiding and abetting, or obstructing justice- considered a separate crime

Crimes of Omission Failing to act when a person has a legal obligation to act example: not changing a baby’s soiled diaper for days, thus causing a bad diaper rash

Preliminary Causes Preparing to commit a crime Crimes within themselves Can be punishable even if the intended harm never occurred Example: two people agree to rob a house -conspiracy

Solicitation Asking, urging, commanding, or advising someone to commit a crime Does not require that the person who has been solicited to actually commit the crime Example: John asks Tim to off his wife

Attempt To be convicted of, the accused must have both intended to commit a crime and taken a substantial step towards committing the crime Performing all of the elements , but fails to achieve the criminal result Example: John shoots at Kelly, but misses Attempted suicide is a crime

Conspiracy An agreement between at least two people to commit a crime Meant to prevent other crimes and criminal activity by groups Allows police to arrest before the conspirators come close to committing the crime Sometimes criticized as a threat to freedom of speech Usually requires an overt act to occur