2. Crime in America

3. The Nature of Crimes
A crime is something one does or fails to do that is in violation of law
It can also be defined as behavior for which there is a set penalty
Criminal law makes certain conduct “criminal” & other conduct “noncriminal”
Legislators decide what is constitutes a crime
They are trying to protect the public based on what most people believe is right and necessary for the orderly conduct of society

4. Certain acts are prohibited or require to protect life and property, preserve freedom, maintain the system of government, and uphold the morality of society

5. The federal government collects date on crime reports and arrests and makes it available online.
Much of this data is organized according to what are referred to as the 7 “index crimes”
7 Index Crimes:
Larceny/Theft
Burglary
Motor Vehicle Theft
Aggravated Assault
Robbery
Forcible Rape
Murder & non-negligent Manslaughter

6. 2006 Index Crime Larceny/theft: 6,607,013 Burglary: 2,183,746
Motor Vehicle Theft: 1,192,809
Aggravated Assault: 860,853
Robbery: 447,403
Forcible Rape: 92,455
Murder and non-negligent manslaughter: 17,034

7. The Basics
Almost all crimes require an illegal act accompanied by a guilty state of mind
Guilty State of Mind: When the prohibited act was done intentionally, knowingly, or willfully
The Latin term used by lawyers when discussing the requirement for a guilty mind is “mens rea”
Mens Rea: The intention or knowledge of wrongdoing that constitutes part of a crime

8. A few crimes are “strict liability” offenses.
“strict liability” crimes do not require a guilty state of mind.
The act itself is criminal
Every crime is defined by certain elements
Element of a crime: One of a set of facts that must all be proven to convict a defendant of a crime

9. Main elements of a crime:
Mens Rea (mental state)
Actus Reus (conduct)
Concurrence
Causation

10. Actus Reus: criminal conduct that was the result of voluntary bodily movement
Concurrence: When Mens Rea & Actus Reus occur at the same time
Causation: Relationship between the defendant's conduct and end result

11. The person who commits a crime is called a “principal”
Parties of Crimes
The person who commits a crime is called a “principal”
An “accomplice” is someone who helps the principal commit the crime
An accomplice may be charged with & convicted of the same crime as the principal

12. The person who orders a crime or helps the principal commit the crime but who was not present during the crime called the “accessory before the fact”.
Like the accomplice, this person may be charged with the same crime & can receive the same punishment as the principal

13. An “accessory after the fact” is a person who helps the principal or accomplice avoid capture
This person is not charged with the original crime but may be charged with harboring a fugitive, aiding the escape, or obstructing justice
A victim is not a party to the crime but can be called as a witness at the trial

14. Preliminary Crimes
Certain types of behavior take place before or in preparation for committing a crime.
These preliminary actions – such as attempt, solicitation, and conspiracy – are crimes in themselves
Inchoate crimes: crimes that are committed before or in preparation for committing another crime
They require proof of criminal intent but can be punished even if the harm intended never occurred

15. 3 types of Inchoate Crimes:
Solicitation
Attempt
Conspiracy
Most states make it a crime for a person to solicit- or ask, command, urge, or advise – another person to commit a crime
Solicitation: The criminal act of requesting or strongly urging someone to do something illegal
The offense is committed at the time the solicitation is made. It does NOT require that the person solicited actually commits the crime.

16. The attempt to commit a crime is itself a crime
Attempt: effort to commit a crime that goes beyond mere preparation but does not result in commission of the crime
To be guilty of an attempted crime, the accused must have both intended to commit a crime & taken some “substantial step” toward committing the crime

17. The last main form of an inchoate crime is conspiracy
Conspiracy: An agreement between 2 or more people to commit a crime sometime in the future. Most states require an “overt act” for a conviction of a conspiracy charge
Overt act: a clear act that is required for a conspiracy charge. Must happen after the agreement & does not have to be illegal.