Introduction to Criminal Law Chapter 8 Introduction to Criminal Law

Almost all crimes require an illegal act accompanied by a guilty state of mind A guilty state of mind means that the prohibited act was done intentionally, knowingly, or willfully Carelessness – not considered a guilty state of mind Ex: If Meredith accidently forgot to turn off the stove before leaving for work and her apartment burnt down, she would not be guilty of arson. She committed the act but did NOT have a guilty state of mind

State of mind vs. Motive State of mind refers to the level of awareness a person has when committing an act Motive is the person’s reason for performing the act

A few crimes are strict liability offenses – these crimes do NOT require a guilty state of mind The act itself is criminal, regardless of the knowledge or intent of the person committing it Ex: selling alcohol to a minor is a crime regardless of whether the seller knew the buyer was underage Often applies to less serious offenses: parking violations

Every crime is define by certain elements Elements must be proven at trial in order to convict the offender Prosecutor must prove any required guilty mental state and must prove beyond a reasonable doubt that all of the elements of the crime were committed

Example: Robbery is defined as the unlawful taking and carrying away of goods or money someone’s person by force or intimidation The elements of robbery are (1) the taking and carrying away of goods or money, (2) the taking from someone’s person, and (3) the use of force or intimidation If someone breaks into your house when you’re not home – NOT robbery but burglary

State and Federal Crimes Criminal laws exist at state and federal levels Some acts (disorderly conduct, drunk driving, shop lifting) can only be prosecuted in a state court unless they occur on federal property Failure to pay federal taxes, mail fraud, espionage, international smuggling – federal court Illegal possession of drugs and bank robbery – violate state and federal law and can be prosecuted in both courts

Felonies vs. Misdemeanors Felony - any crime for which the potential penalty is imprisonment for more than one year; usually more serious crimes Murder, rape, arson, treason, kidnapping Misdemeanor - any crime for which the potential penalty is imprisonment for one year or less Petty theft, public intoxication, trespassing, vandalism

Parties to Crimes Principal - person who commits the crime Accomplice - someone who helps the principal commit a crime Accomplices may be charged with and convicted of the same crime as the principal

Parties to Crime…. Accessory before the fact - A person who orders a crime or helps the principal commit the crime but who is not present during the crime Accessory after the fact - person who, knowing a crime has been committed helps the principal or an accomplice avoid capture of helps them escape Charged with harboring a fugitive, aiding the escape, or obstructing justice

Problem 8.2 – Page 103 Carl – helps Harold and Marci; employee of Superior Jewelers Marci – drives a van, acts as lookout Harold – cracks the safe Shawn – knows what Harold did, helped Harold escape David – knows Marci and Harold, witnessed the crime happening

Crimes of Omission In some cases, failing to act may be a crime if the person had a legal duty to act A person is guilty of a crime of omission when he or she fails to perform an act required by a criminal law Ex: taxpayer failing to file a tax return or a motorist failing to stop after being involved in an automobile accident

Preliminary Crimes Certain types of behavior take place before or in preparation for committing a crime Attempt, solicitation, and conspiracy Sometimes called inchoate crimes - require proof of criminal intent but can be punished even if the harm intended never occurred Ex: 2 people agree on robbing a bank

Solicitation Crime for a person to solicit – ask, command, urge, advise – another person to commit a crime The offense is committed at the time the solicitation is made but does NOT require that the person solicited actually commit the crime

Attempt An attempt to commit a crime is a crime itself When someone performs all the elements of a crime but fails to achieve the criminal result, an attempt has occurred Attempted murder – when a person intends to shoot and kill someone but misses or just wounds the intended victim

Conspiracy Conspiracy - an agreement between two or more persons to commit a crime coupled with an intent to commit the crime and some action/conduct that furthers the agreement Allows police to arrest conspirators before they complete the crime and also meant to prevent other crimes and to strike against criminal activity by groups

Conspiracy… Ex: Conspiracy occurs when Nick, a drug dealer, persuades Lyle, his associate, to help him kill another rival dealer. If Lyle agrees to Nick’s request and then takes steps toward committing the crime, such as buying a gun, both Nick and Lyle are guilty of conspiracy of murder, even if the murder is never attempted or accomplished

Conspiracy… Many states and federal laws an overt act is required for conviction of conspiracy Overt act – an act that is open to view