Chapter 8

Criminal Law

Criminal Law:

State of mind may determine intent. Why is intent a factor when trying to determine if criminal behavior has occurred?

• Guilty State of Mind- prohibited act was done intentionally, knowingly, and willingly. This deals with the level of awareness and purpose.

Punishment will be different based on the presence of a guilty state of mind.

• Motive is the reason for performing an act.

John Q

• the fictional father who held doctors at gun point to make sure his uninsured son received treatment makes for an interesting discussion when you look at his motive. Did he commit a crime? How should he be dealt with?

Strict Liability Crimes

• do not require a guilty state of mind. The act is criminal regardless of the state of intent or motivation. These are usually crimes that do not carry stiff penalties or jail time (selling alcohol or tobacco to minors).

Crimes are defined by their Elements.

• • • • • • Elements are the characteristics or criteria that must be proven at trial.

The prosecutor must prove beyond a reasonable doubt that a guilty state of mind existed and that each element of the crime was committed. For Example: Robbery 1) taking and carrying away goods or money 2) taking from someone’s person, and 3) use of force or intimidation.

• Some acts may have both a criminal and civil component. OJ was sued in civil court for damages.

Classes of Crimes

• A Felony is a crime that carries possible jail time of more than a year. These are the more serious crimes.

• A Misdemeanor is a crime that can only get you up to 1 year in prison.

Parties to Crimes are the people involved in the criminal behavior.

• • • • The Principal is the person who committed the crime (the trigger man).

The Accomplice is the person or persons who help the principal commit the crime. The accomplice can and will usually be charged with the same crime as the principal.

The Accessory Before the Fact is not present at the time the crime is committed but helped create the environment or motivation for the crime to be committed.

The Accessory After the Fact knows that a crime has been committed and helps the principal and/or accomplice avoid capture. This person is usually not charged with the original crime.

Crime of Omission

• • The Crime of Omission is when a person does not act in a way that they are legally required to. The person must be physically able to perform the required behavior.

Examples of this would be failing to stop after a traffic accident or failing to pay your taxes.

Preliminary Crimes

• • Preliminary Crimes occur before the criminal behavior. They involve the preparation for the act. You can be punished for preliminary crimes even if the actual crime does not take place. For example, the police may arrest you for planning a terrorist act, a murder, a robbery, an arson etc. before the criminal action is attempted.

Examples

• • • Solicitation is when a person asks, demands, and urges another to perform a criminal act.

Attempt is as it says, trying to commit a crime. The accused must have intended to commit the crime and they must take a substantial step toward committing the crime.

Conspiracy is planning a criminal act. It occurs between two or more people. In most states an Overt Act (one that can be seen) is needed to convict of conspiracy. This is because we have the right to speak and the right to assemble.