Transcript Criminal Law

Criminal Law- Laws,
Procedures, and Punishments
Lap 2
7 Principles of Criminal Law
• Legality
• Actus reus
• Harm/ resulting injury
– Causation
• Mens rea
– Concurrence
• Punishment- stated sanctions for those
found guilty
Elements of a Crime
• All must be proven BARD for a conviction
• Actus Reus- The criminal act itself
– Must be voluntary
– Must be defined by law as a crime (“legality”)
• Mens Rea- A guilty state of mind
– Intent
• Done intentionally, knowingly, and willfully
Cole 65- 67
Concurrence and Causation
• Concurrence: Both elements (ar/ mr) must
be present at the same time
– The intent and the act must be related
• Causation: The act directly caused the
harm suffered
– No XX but for YY
Recap….
• Desire/ Motive
– Reason for performing the act
• Opportunity
– Vs. an alibi
• Personality
• Evidence
Parties to Crimes
•
•
•
•
Principal
Accomplice
Accessory before the fact
Accessory after the fact
Principal
• The person who actually engages in the
act that constitutes the crime
• Ex: Booth shot Lincoln at Ford’s Theater
Accomplice
• The person who aids or encourages the
principal to commit the crime
• Receives the same sentence as principal
Accessory Before the Fact
• An individual who helps to plan the crime
– Can receive the same punishment as
principal
– Must prove intent and “help” s/he supplied
• Ex: Husband hires someone to kill his wife
• ?????Ex: Mary Surrat delivered guns to a tavern
to be picked up by Booth and co-conspirators
Accessory After the Fact
• Helps the principal (and accomplice) to
escape capture
– harboring a fugitive, aiding an escape . . .
• Knew the felony was committed
• Punishment less severe
• Ex: David Herold helped Booth escape into Maryland and Virginia
• ?????Dr. Samuel Mudd set Booth’s broken leg when he and Herold
appeared at the Mudd home.
OTHER
• Vicarious Liability- responsible for the
conduct of another
• Enterprise- employees of a corporation
were committing crimes while “on the job”
•
In Homework:
–
–
–
•
Occupational crime
Cybercrime
Organized crime
Is it a crime: Seinfield clip
Who is what
• Daniel, Sarah, and Keith decide that they need
to find a quick way to pay for the rent and
college expenses. The plot to rob the Allegiant
bank down the street. It is decided that Sarah
and Keith will go in to the bank to demand
money. Daniel will remain in the car for the fast
getaway. They flee to Illinois where Daniel’s
father lives. They do not tell him what they
have done, but he is very suspicious after
hearing the news report. He encourages them
to study abroad. He even loans them the money
to do so.
Scenario 2
• Jeb and Marci decide to burglarize Superior
Jewelers. Their friend Carl, an employee at
Superior, helps by telling them the location of the
store vault. Marci drives a van to the store and
keeps lookout while Jeb goes inside and cracks
the safe. After Jeb and Marci made their
getaway, beg meets a fiend, Shawn, who was
not involved in the actual burglary. Jeb tells
Shawn about the burglary, and Shawn helps Jeb
get a train out of town. Davis, a former
classmate of Jeb and Marci, witnesses the crime
but does not tell the police, even though he
recognizes both Jeb and Marci. How will each
person be charged?
Crime- Suspects and Victims
• Defendants/
Suspects:
•
•
•
•
Young males
Lower income
Non-white
Unemployed
Victims:
Young adult males
Urban dwellers
Lower-income/ poor
Non-white
Uneducated
Crime- Suspects and Victims
• Problems for Victims:
– Fear of defendant
• Half of violent crimes are committed by someone
known to the victim
– Retaliation by associates
– Feel they are on trial
– Long waits/ trial delays
More than half of all major crimes are never
reported to the police!