1. STREET LAW UNIT 2: Criminal Law and Juvenile Justice Chapter 8
Introduction to Criminal Law
STREET LAW

2. State of mind is different from motive
Almost all crimes require an act, accompanied by a guilty state of mind
This means that the act was done intentionally, knowingly, or willfully
It deals with the level of awareness of performing some act—whether it was done purposefully, intentionally, or recklessly
Mere carelessness is not a guilty state of mind
State of mind is different from motive
Motive is the reason—the why

3. 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 the act
Example: selling alcohol to minors—this is true regardless of whether or not the seller know the buyer was underage
Most strict liability statues are limited to crimes that do not carry severe penalties or to crimes that are part of a larger attempt to regulate some area of conduct

4. ? . . .
Should a person’s intentions matter in deciding if he or she committed a crime?
For example:
Should it matter if an act was done on purpose?
If it was done when a person was being reckless?
If it was done when a person was enraged?

5. General Considerations
Crimes are characterized by three elements
the act itself
most crimes require a guilty state of mind—this means that the act was done intentionally, knowingly, or willfully
motive—the reason for performing the act
Each of these three elements must be proven at trial in order to obtain a conviction

6.   
Every crime is made up of certain elements—at trial, each element of a particular crime must be proven beyond a reasonable doubt in order to convict a person
A single act can be both a criminal & a civil wrong
For example, the state can prosecute & punish the person for the crime, & the injured person can sue for damages in civil court

7. State and Federal Crimes
Both the federal & state governments have criminal laws
Some acts can be prosecuted only in state courts while other acts can be prosecuted only in federal courts
You won’t necessarily be able to identify whether a crime is a state or federal crime (unless it occurs on federal property) without consulting the federal criminal statutes

8. Certain crimes that violate both state & federal law can be prosecuted in either state or federal courts
As part of the “get tough on crime” policies of Congress in the late 1990s, some crimes previously classified as state crimes are now also violations of federal criminal law
They may also be prosecuted in both state & federal courts for the same crime—this is not double jeopardy since they are separate court systems

9. Classes of Crimes 
Crimes are separated into two categories based on their severity & the punishments attached to them
A felony is a crime that carries a potential prison sentence of more than one year—felonies are usually more serious crimes
A misdemeanor is any crime that can result in a prison sentence of one year or less
Minor traffic violations are not considered crimes, although they are punishable by law

10. Parties to Crimes  
The person who commits a crime is called the principal
An accomplice is the person who helps the principal commit the crime
The accomplice can be charged with the same crime as the principal

11. A person who helps organize the crime but is not present when it occurs is called an accessory before the fact
This person can usually be charged with the same crime as the principal

12. An accessory after the fact is a person who learns about a crime after it has occurred helps the principal or accomplice to avoid capture
This person is not charged with the original crime but may be charged with harboring a fugitive or obstructing justice

13. Crimes of Omission  
Most crimes occur when a person does something that violates the law
In a few cases, however, failing to act may be a crime if the person had a legal duty to act & was physically able to perform the required act
This type of failure to act is known as omission

14. Beware:
If you are present when a crime is committed by someone else, you are potentially liable in criminal or juvenile court!
Society’s failure to penalize those who are parties to crime or who are guilty of crimes of omission would endanger public safety & thwart justice

15. Preliminary Crimes  
Certain actions take place before a crime is committed
These acts can be punished even if the crime is never completed
Three examples of preliminary crimes are:
solicitation
attempt
and conspiracy
[Ch. 8 – Basic Concepts]

16. Solicitation involves one person asking another to participate in a crime
To be convicted for attempt, the accused person must have both intended to commit a crime and have taken a "substantial step" toward committing the crime

17. A conspiracy is an agreement between two or more people to commit a crime
Police cannot arrest people for merely discussing a crime—the people must have taken obvious steps towards completing the crime to be guilty of conspiracy

18. Conspiracy charges are often criticized because of the inherent vagueness, due process, & free speech problems they raise
The government has sometimes used conspiracy prosecutions in political cases—however, because of 1st Amendment problems, they have seldom resulted in convictions

19. Conspiracy has also been used frequently in recent years to prosecute people involved in the drug trade
Large-scale drug dealers who plan activities to import & sell drugs have been convicted & sentenced to long prison terms

20. An overt act is an act that is open to view – it’s required for conviction on a conspiracy charge