Transcript Victims of Crime & Intro to Criminal Law

Have you ever been a victim of a crime?
If so, AND IF IT IS NOT TOO PERSONAL, please
spend a few minutes writing about what
happened and how it made you feel.
If not, do you know anyone that has been a
victim to a crime?
Write 4-5 sentences detailing the experience.
Victims of Crime
&
Intro to Criminal Law
Elements of Crime
Why Do I Need to Know This?
1. Because in our legal system, what you are thinking
at the time you commit a crime is almost as
important as what you do.
2. Because what you are thinking when you commit a
crime is not the same thing as the reason why you
commit the crime.
1. Because in order to be guilty of a specific crime,
you must complete all the elements of that crime.
Characteristics of Victims
• More likely to be a victim if…
– You are a teen or young adult (age 12-24)
– You are a male
– You are from a lower-income household
– You are a minority
Victim Assistance & Victim Advocacy
• Assistance Programs
– Provide counseling, medical care, and other
benefits
– Victim compensation
• Medical bills, lost salary, and even funeral costs
• Advocacy Groups
– Mothers Against Drunk Driving (MADD)
– “Megan’s Law”
Intro to Criminal Law
• Almost all crimes require an act, accompanied by
a GUILTY STATE OF MIND.
• State of mind is different than a MOTIVE.
– Guilty State of Mind = Was it done intentionally?
– Motive = WHY was it done?
Strict Liability
• A few crimes are strict liability crimes.
– DO NOT require a guilty state of mind
– Act itself is criminal, regardless of intent
• Examples:
– Statutory rape
– Selling alcohol
to minors
Elements of Crime
• Every crime is defined by certain elements, each
which must be proven in order to convict an
offender.
• FOR EXAMPLE:
– Robbery is defined as the “unlawful taking and
carrying away of goods or money from a person by
force or intimidation.”
• If someone breaks into your house when you are
not home and takes your television, can you
convict him/her of robbery?
Classes of Crimes
Why Do I Need to Know This?
1.
Because some crimes are more severe than others.
1.
Because the more severe the crime a person
commits, the longer the sentence the person will
receive.
1.
Because the more severe the crime you commit, the
less rights you will have in the future.
State and Federal Crimes
• State Crimes:
– Simple assault, DUI, shoplifting
• Federal Crimes:
– Mail fraud, espionage, international smuggling
• Both:
– Illegal possession of drugs, bank robbery
Classes of Crimes
• Felony (murder, assault, rape, etc)
– Crime for which potential penalty is 1+ years in
prison
• Misdemeanor (petty theft, disorderly conduct,
vandalism)
– Crime for which potential penalty is >1 year in prison
Felony > Misdemeanor > Infraction
Parties to Crime
Why Do I Need to Know This?
1. Because you can be held criminally responsible
for the acts of another person if you help them
in any way before, during, or after the criminal
act.
1. Because the punishment that you will receive
for your part in a crime will depend upon what
your role was in the crime.
Parties to Crimes
• Principal
– The person who commits the crime
• Accomplice
– Someone who helps the principal commit the crime
• Accessory before the fact
– Person who orders a crime or helps the principal commit
the crime, but who is not present during the crime
• Accessory after the fact
– Person who, knowing a crime has been committed, helps
the principal or accomplice avoid capture or escape
Harold 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 acts as the
lookout while Harold goes inside and cracks the safe.
After Harold and Mari make their getaway, Harold
meets a friend, Shawn, who was not involved in the
actual burglary. Harold tells Shawn about the
burglary, and Shawn helps Harold get a train out of
town. David, a former classmate of Harold and
Marci, witnesses the crime but does not tell the
police, even though he recognizes both Harold and
Marci. How will each person be charged?
Harold 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 acts as the
lookout while Harold goes inside and cracks the safe.
After Harold and Mari make their getaway, Harold
meets a friend, Shawn, who was not involved in the
actual burglary. Harold tells Shawn about the
burglary, and Shawn helps Harold get a train out of
town. David, a former classmate of Harold and
Marci, witnesses the crime but does not tell the
police, even though he recognizes both Harold and
Marci. How will each person be charged?
Harold 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 acts as the
lookout while Harold goes inside and cracks the safe.
After Harold and Mari make their getaway, Harold
meets a friend, Shawn, who was not involved in the
actual burglary. Harold tells Shawn about the
burglary, and Shawn helps Harold get a train out of
town. David, a former classmate of Harold and
Marci, witnesses the crime but does not tell the
police, even though he recognizes both Harold and
Marci. How will each person be charged?
Harold 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 acts as the
lookout while Harold goes inside and cracks the safe.
After Harold and Mari make their getaway, Harold
meets a friend, Shawn, who was not involved in the
actual burglary. Harold tells Shawn about the
burglary, and Shawn helps Harold get a train out of
town. David, a former classmate of Harold and
Marci, witnesses the crime but does not tell the
police, even though he recognizes both Harold and
Marci. How will each person be charged?
Harold 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 acts as the
lookout while Harold goes inside and cracks the safe.
After Harold and Mari make their getaway, Harold
meets a friend, Shawn, who was not involved in the
actual burglary. Harold tells Shawn about the
burglary, and Shawn helps Harold get a train out of
town. David, a former classmate of Harold and
Marci, witnesses the crime but does not tell the
police, even though he recognizes both Harold and
Marci. How will each person be charged?
Crimes of Omission
Why Do I Need to Know This?
1. Because in some rare circumstances, you will be
held criminally responsible for NOT doing
something that you should have done.
1. Because in many jobs, you will have the legal
responsibility to do things, and can be criminally
punished if you fail to do them.
Crimes of Omission
• A crime in which a person fails to perform an
act required by law.
• Examples:
– Not paying your taxes
– Not stopping after getting into a car accident
– Teachers failing to report obvious signs of child
abuse
– Mechanics letting people drive off with no brakes
Preliminary Crimes
Why Do I Need to Know This?
1. Because some acts that occur prior to a crime
happening are also punished.
1. Because preliminary crimes are complete crimes
in and of themselves and require very little to be
complete.
Preliminary Crimes
• Solicitation
– When a person asks, commands, urges, or advises
another person to commit a crime.
• Attempt
– When someone performs all of the elements of a
crime, but fails to achieve the desired results
– Must take some sort of “substantial step” toward
committing the crime
• Conspiracy
– An agreement between two or more persons to
commit a crime.
– An overt act is required for conviction
Would any of the individuals involved be guilty of
the crime of attempt?
Martin, a bank teller, figures out a foolproof
method of stealing money from a bank. It takes
him some time to get up the nerve to steal any
money. Finally, he makes up his mind and tells
his girlfriend, Maria, that tomorrow he will steal
the money. Maria goes to the police, and Martin
is arrested an hour later.
No one is guilty of attempted embezzlement.
Would any of the individuals involved be guilty of
the crime of attempt?
Gil, an accomplished thief, is caught while trying
to pick Lewis’s pocket. He pleads not guilty and
says he cannot possibly be convicted, because
Lewis did not have a penny on him.
Gil is guilty of attempted larceny.
Would any of the individuals involved be guilty of
the crime of attempt?
Rita and Anwar decide to rob a liquor store. They
meet at a pub and talk over their plans. Rita
leaves to buy a revolver, and Anwar leaves to
steal a car for use in their getaway. Rita is
arrested as she walks out of the gun shop with
her new revolver. Anwar is arrested while trying
to hot-wire a car.
No one is guilty of attempted robbery.
Would any of the individuals involved be guilty of
the crime of attempt?
Amy decides to burn down her store to collect
the insurance money. She spreads gasoline
around the building. She is arrested while
leaving the store to get a book of matches.
Amy is guilty of attempted arson.