1. Overview of Criminal Law

2. Crime Is...
Something one does or fails to do that is in violation of the law
A behavior for which the government sets a penalty

3. Why Do We Have Criminal Laws?
Government is obligated to protect the basic rights of the public:
1) life
2) liberty
3) property
Also obligated to preserve individual freedoms and uphold morality of society

4. How Criminal Law Works The 3 Elements of a Crime
First, an action takes place
Second, the intent of the action is to knowingly and purposefully cause harm
Third, there is a motive or reason behind the action
If the overall intent of this person was to knowingly and purposefully take the life of another person, that would meet one of the elements for the crime of murder

5. Some General Considerations
In trying a criminal case, a prosecutor must prove that all required elements (conditions that make the action illegal) have been met
Elements of Robbery
Taking someone’s property
Taking said property off the person
Using force or intimidation to take said property

6. General Considerations (cont’d)
In some cases, a criminal action can also be considered a civil wrong
Example: purposefully setting fire to another’s property is the crime of arson; the victim could also bring a lawsuit against the perpetrator to recover the damages

7. State and Federal Crimes
In the US:
States control around 80% of criminal laws
Federal gov’t controls around 20%
Examples of State Crimes:
A. DUI
B. Assault
Examples of Fed. Crimes:
A. espionage B. international smuggling
Jules and Ethel Rosenberg (above) were convicted and executed on charges of espionage against the US in 1953

8. Parties to a Crime Principal – person(s) who commits the crime itself
Accomplice – anyone who actively helps the principal commit the crime while it is taking place
Accessory
1) Before the fact
2) After the fact
If Vito Corleone ordered a hit on one of his enemies but didn’t actually commit the murder himself, he could be charged as accessory before the fact

9. Preliminary Crimes
intent and motive are present but the action possibly fails to take place
Examples: 1) Solicitation – asking, commanding, urging, or advising someone to commit a crime
2) Attempt – intend to commit a crime and taken a substantial step toward completing action
3) Conspiracy – an agreement between two or more people to commit a crime

10. Elements of a Crime
All Crimes are comprised of elements, all of which must exist in order for a person to be charged with a specific crime.
Each Element must be proved during trial “Beyond a reasonable doubt”- otherwise the jury cannot convict.