The Act of Crime 7.2 Forensics November 7,

The Actus Reus The ACT REQUIREMENT Usually a crime requires a WRONGFUL ACT (ACTUS REUS), AND the intent/ state of mind (MENS REA) Crimes are often classified into two varieties Felonies Misdemeanors Parties to the crimes are often classified as: Principals Accessories before the fact Accessories after the fact 2

Actus Reus “The Act of the Criminal” “Wrongful Act” This does not necessarily mean that someone has committed a crime To fulfill the requirements of criminal law: Willfully commit the act Intentionally fail to act when the law REQUIRES them to act 3

What is an act? Only a person whose acts are a result of a FREE CHOICE should be criminally punished. Are the following acts? John enters Tom’s house and hits Tom John picks up a gun and fires in Tom’s directions, hitting him John hands Tom a glass of water to give to their friend Jill, Tom does not know that John poisoned the water While riding on the bus John has a seizure, in the process he kicks and injures Tom, causing the bus to crash. 4

Acts of Omission Failure to act can be considered an ACT OF OMISSION To be guilty of this 1)Ignoring a legal duty to act By relationship to the victim Statutory duty Contract between the actor and victim Lifeguards, Firefighters, Police Officers, Teachers, Parents Etc. Legally bound to act in certain situations Failure to act in certain situations could constitute a crime 5

Possession Possession alone can be considered a criminal act in many cases Illegal drugs Weapons Actual Possession Something in your direct physical control Constructive Possession A person who has the power and intention to control something but is acting through another person 6

Mens Rea To commit a crime their has to be criminal intent to do so This is not the same as someone’s motive Motives are impulses, reasons – some might be valid The state has to prove Criminal Intent Your motive for selling drugs might be to feed your starving elderly mother But you INTENDED to break the law 7

Act and Intent To constitute a crime there has to be a concurrence of ACT AND INTENT General Intent The intent to do an act, but not necessarily plan for the results of the act I intend to sell drugs, I do not intend to have people overdose on the drugs I sell I intend to rob the store, I do not intend for the old man to have a heart attack because of the scare Specific Intent Mental purpose to generate a result beyond the initial act 8

Consider the Following…. On your own paper answer the following…. Saul visited his longtime friend Jason, in jail. Jason had previously told Saul how badly he wished he could get out of prison. Later Saul sends Jason tools to break out of prison hidden in a package. Jason gets caught with the tools and charged with attempting to break out of prison. Who is at fault here? What are the acts? Who committed a crime? 9