1. Introduction to Criminal Law
Chapter 8

2. Intro to Criminal Law
State of Mind – Almost all crimes require an illegal act AND a guilty state of mind
The prohibited act was done intentionally
Usually more than mere carelessness
Ex: Natalie was in a hurry when she was getting ready for school. She left her curling iron plugged in and burnt down the house.
Did she commit arson?

3. Intro to Criminal Law State of mind is NOT the same as motive
State of mind = level of awareness
Was the action reckless? Intentional?
Motive = reason for committing the crime
EX: Robin Hood had good MOTIVE, but still intentionally committed crimes by stealing

4. Intro to Criminal Law Strict Liability Offenses
Crimes that do not require a guilty state of mind
The act itself is criminal even if the person has no knowledge or intent
Ex: Selling alcohol to minors
Ex: Statutory Rape

5. General Considerations
Every crime is defined by certain ELEMENTS
List of things that must have happened.
If even one element is missing, the person did not commit the crime

6. General Considerations
* If ANY of these elements is not met, then the defendant did not commit Robbery (although he may have committed another crime!) *
Ex: Robbery
Elements:
Unlawful taking
And carrying away
Of goods or money
From someone’s person
By force or intimidation

7. Parties to crimes
Some crimes involve many different actors, with different roles.
How should they be treated? Should they all be punished? Should they all receive the same punishment?

8. Parties to crimes Principal Person who commits the crime
Ex: Mitch beats up Jason in a dark alley and takes his money. Mitch is the principal.

9. Parties to crimes Accomplice
Someone who helps the principal commit the crime, usually present at the crime
Can be charged with the same crime as the principal
Ex: Sarah robs a bank and Natalie drives the getaway car. Sarah is the principal and Natalie is the accomplice.

10. Parties to crimes Accessory Before the Fact
Person who helps the principal commit the crime or orders the the crime but is not present
Usually charged with same crime as principal and receives same punishment
Ex: Christian is a mob boss and orders Phoenix to carry out a hit on Kyler. Christian is an accessory before the fact and Phoenix is the principal.

11. Parties to crimes Accessory After the Fact
Person who, knowing a crime has been committed, helps the principal or accomplice avoid capture or escape
Separate crime – usually not charged with same crime as principal
Ex: Mikayla agrees to hide the weapon Amber used in a murder.

12. HOW WILL EACH PERSON BE CHARGED?
Eric and Rocco decide to burglarize Hollis Jewelers. Their friend, Savannah, an employee at Hollis, helps by telling them the location of the store vault. Rocco drives a van to the store and acts as the lookout while Eric goes inside and cracks the safe. After, Eric and Rocco make their getaway, Eric meets his friend Mark, who was not involved in the actual burglary. Eric tells Mark about the burglary, and Mark helps Eric get a train out of town. Sydney, a former classmate of both Eric and Rocco, witnesses the the crime but does not tell police, even though she recognizes both Eric and Rocco.

13. CRIMES OF OMISSION
Most crimes occur when a person DOES a certain action
Some crimes occur when a person FAILS TO DO a certain action
These are CRIMES OF OMISSION
Ex: Failure to stop at a stop sign
Ex: Failure to pay taxes

14. Preliminary crimes Inchoate Crimes
Certain types of criminal behavior takes place before the target crime is committed.
Some preliminary actions are crimes themselves
Require proof of intent, but can be punished even if the harm intended never occurred
WHAT ARE SOME INCHOATE CRIMES?

15. Preliminary crimes Solicitation
The act of requesting or strongly urging someone to do something that is illegal
The person being solicited does not have to actually commit the crime

16. Preliminary crimes Solicitation Example:
Joe asks Christian if he will help him to steal Casey’s car. Christian says no. Joe has committed solicitation, which is a crime, even if no further action occurs.

17. Preliminary crimes Attempt
An effort to commit a crime that goes beyond mere preparation but does not result in the commission of the crime
To be guilty: (*** ELEMENTS**)
Must intend to commit a crime
Must take a “substantial step” toward committing the crime

18. Preliminary crimes Attempt Examples:
Josh attempts to shoot and kill Cole but he only wounds him. This is attempted murder.
Mitch intends to kill Sarah. He goes to the store and buys a gun, but he is arrested on his way to her house. This is likely attempted murder because he committed a substantial step (driving to her house).

19. Preliminary crimes Attempt Impossibility is NOT a defense in PA
The fact that the crime would be impossible to commit does not give the actor a defense.
Example: Julia buys a gun, goes to Amber’s house, aims the gun at her, and pulls the trigger. Julia does not know that the gun had a defect which prevented it from firing. Even though it’s impossible to kill Amber with this gun, Julia’s still guilty of attempt.

20. Preliminary crimes Attempt
Renunciation (withdrawal) is a defense in PA
** ELEMENTS**
Voluntary and complete renunciation
Abandonment of criminal effort
Cannot be motivated by difficulty of crime or chances of being caught

21. Preliminary crimes Attempt
Renunciation (withdrawal) is a defense in PA
Example –
Cole plans to rob a bank. He buys a ski mask and picks out a bank to rob. On the day of the robbery, he pulls up in front of the bank in his getaway car and decided not to rob the bank because it would be a terrible thing to do.
NOT GUILTY OF ATTEMPT

22. Preliminary crimes Attempt
Renunciation (withdrawal) is a defense in PA
Example –
Cole plans to rob a bank. He buys a ski mask and picks out a bank to rob. On the day of the robbery, he pulls up in front of the bank in his getaway car and decides not to rob the bank because he sees a police officer standing at the door.
GUILTY OF ATTEMPT

23. Preliminary crimes Attempt Merges with the Target Crime
One cannot be found guilty of both attempt and the target crime
Ex: Example: Julia buys a gun, goes to Amber’s house, aims the gun at her, and pulls the trigger. Julia does not know that the gun had a defect which prevented it from firing. However, when Julia pulls the trigger a second time, it fires and kills Amber. Julia can’t be convicted of attempted murder and murder.

24. Preliminary crimes Conspiracy
Agreement between two or more persons to commit a crime and, in most states, a substantial action that furthers the agreement.
**ELEMENTS** (PA)
Agreement with one or more person to commit a crime
Overt act by any person in the conspiracy

25. Preliminary crimes Conspiracy OVERT ACT An act that is open to view
The overt act does not have to be illegal
Example – buying a ski mask for the purpose of robbing a bank

26. Preliminary crimes Conspiracy
EXAMPLE – Emily, Sami, and Katelyn agree that they are going to kidnap a fellow classmate and hold them for ransom. Emily and Sami agree to kidnap Davin, and Sami buys the necessary supplies and begins a stakeout of his house.
All three parties are guilty of conspiracy at this point, as there was an agreement and an overt act.

27. Preliminary crimes Conspiracy
EXAMPLE – Emily, Sami, and Katelyn agree that they are going to kidnap a fellow classmate and hold them for ransom. Emily and Sami agree to kidnap Davin, and Sami buys the necessary supplies and begins a stakeout of his house.
All three parties are guilty of conspiracy at this point, as there was an agreement and an overt act.

28. Preliminary crimes Conspiracy NOTE!
In many states, all three parties would be guilty of conspiracy EVEN IF the kidnapping is never attempted or accomplished
WHY? The conspiracy is complete once the overt act is complete