introduction to criminal law. almost all acts require an act and a guilty state of mind (done...

Introduction to Criminal law

Almost all acts require an act and a guilty state of mind (done intentionally, willfully or knowingly- called intent)

Carelessness is usually not considered intent

Motive and intent are different

-motive is the reasoning behind the crime

Strict Liability Offenses Do not require a guilty state of mind or

intent The act itself is criminal Usually limited to crimes that do not

carry severe penalties or to crimes that are a larger attempt to regulate some area of conduct

ex: selling beer to a minor

General Considerations Every crime is defined by certain

elements, which each being proven at trial to convict

The prosecutor must prove beyond a reasonable doubt that every element of the crime was committed

Example: robbery is defined as the unlawful taking and carrying away of goods or money from someone’s person by force or intimidation

elements:

1. taking and carrying away of goods

2. taking from someone’s person

3. use of force or intimidation

All 3 elements must be present in order to convict

If someone breaks into your home and you are not there, they cannot be convicted of robbery

-elements of robbery are not present

-would be charged with burglary

-breaking and entering with intent

to commit a felony

A single act can be both a criminal act and a civil wrong

example: Troy burns down Kelly’s home.

Troy can be charged with arson and Kelly can sue to recover the damages that he caused by setting her home ablaze.

State and Federal Crimes Criminal laws exist at both levels Some acts, such as drunk driving or

shoplifting, can only be charged by the state. Some acts, such as failure to pay your

federal income taxes or mail fraud can be charged by the feds.

Some acts, such as a bank robbery or illegal possession of drugs can violate both and can be prosecuted in either state or federal court

Classes of Crimes

Can either be classified as felonies or misdemeanors

-felony: crime where the potential penalty is imprisonment for more than a year

-misdemeanor: crime where the potential penalty is imprisonment for one year or less

Parties to a Crime

Principal- the party or parties that commit the crime

Accomplice- someone who helps the principal commit the crime- can be convicted of a crime in the same manner as the principal

Accessory before the fact- a person that orders a crime or helps commit the crime but is not present when the crime was committed- can usually ne charged in the same manner as the principal

Accessory after the fact- a person who knows that a crime has been committed, who helps the principal or accomplice avoid capture- usually charged with harboring a fugitive, aiding and abetting, or obstructing justice- considered a separate crime

Crimes of Omission

Failing to act when a person has a legal obligation to act

example: not changing a baby’s soiled diaper for days, thus causing a bad diaper rash

Preliminary Causes

Preparing to commit a crime Crimes within themselves Can be punishable even if the intended

harm never occurred

Example: two people agree to rob a house -conspiracy

Solicitation

Asking, urging, commanding, or advising someone to commit a crime

Does not require that the person who has been solicited to actually commit the crime

Example: John asks Tim to off his wife

Attempt

To be convicted of, the accused must have both intended to commit a crime and taken a substantial step towards committing the crime

Performing all of the elements , but fails to achieve the criminal result

Example: John shoots at Kelly, but misses Attempted suicide is a crime

Conspiracy

An agreement between at least two people to commit a crime

Meant to prevent other crimes and criminal activity by groups

Allows police to arrest before the conspirators come close to committing the crime

Sometimes criticized as a threat to freedom of speech

Usually requires an overt act to occur