Transcript Robbery - CopLaw

Inchoate Offenses
• Solicitation
– The elements of solicitation include:
– (1) mens rea -- not intent to commit a crime, but specific
intent to persuade someone else to commit a crime; also
not joking around or making casual comments ("I wish that
person would drop dead") but "purposely" wanting to
persuade someone.
– (2) actus reus -- words that contain some sort of
inducement; words that are on the list of proper utterances
for the crime of solicitation; uttering the words is the actus
reus, and it doesn't matter if the means of utterance is oral,
written, or electronic.
– Defenses: Impossibility of any type is the same as no
defense. Some jurisdictions allow withdrawal or
renunciation
720 ILCS 5/8-1) (from Ch. 38, par.
8-1)
Sec. 8-1. Solicitation. (a)
Elements of the offense. A person
commits solicitation when, with
intent that an offense be
committed, other than first degree
murder, he commands, encourages
or requests another to commit that
offense.
Inchoate Offenses
• CONSPIRACY
• The elements of conspiracy include:
• (1) mens rea -- a specific intent to attain a particular criminal
objective on the part of at least one person in the partnership.
Purpose can be inferred from circumstances surrounding the
combination, such as failure to keep records, clandestine
meetings, quantities involved, continuity of the relationship,
etc. There are different rules used by different jurisdictions on
the kinds of relationships that qualify:
• unilateral rule -- the idea that among a group of conspirators,
there is at least one individual with criminal intent
• bilateral rule -- the idea that one cannot conspire alone; at least
two guilty persons are required
Inchoate Offenses
• CONSPIRACY
– (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
Sec. 8-2. Conspiracy.
(a) Elements of the offense. A person commits conspiracy when, with
intent that an offense be committed, he agrees with another to the
commission of that offense. No person may be convicted of conspiracy
to commit an offense unless an act in furtherance of such agreement is
alleged and proved to have been committed by him or by a
co-conspirator.
(b) Co-conspirators.
It shall not be a defense to conspiracy that the person or persons with
whom the accused is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
Inchoate Offenses
•
Attempt
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The elements of attempt include:
(1) specific intent -- this means that "purposely" is the only mens rea that qualifies. All
inchoate crimes are specific intent crimes, and all specific intent crimes do not allow
such states of mind as reckless, negligent, or strict liability.
(2) an overt act toward commission -- this is intended to weed out the plotters from the
perpetrators, but the standards vary widely by jurisdiction. Acts of preparation do not
count. Some places use fairly loose language like "some steps" while other places use
the more rigorous "all but last act" standard. There are at least four tests used in
various places:
physical proximity doctrine -- this focuses upon space and time, establishes the "last
act" standard which requires looking at the remaining steps
probable desistance approach -- this considers whether the attempt would naturally
lead to commission but for some timely interference not related to bad luck
equivocality approach -- this looks at whether the attempt can have no other purpose
than commission of a crime
substantial steps test -- this is a MPC-recommended approach which looks for
corroborating evidence in the form of conduct which tends to concur or verify a
criminal purpose
Inchoate Offenses
• Attempt
– (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the Offense.
A person commits an attempt when, with intent to
commit a specific offense, he does any act which
constitutes a substantial step toward the commission
of that offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that
because of a misapprehension of the circumstances it
would have been impossible for the accused to
commit the offense attempted.
Case law has ruled the following are examples of
accomplice
actus reus:
-acting as a lookout
-providing guns, supplies, or instruments of crime (even under
color of financial transaction if seller is aware of purpose)
-driving a getaway vehicle
-sending the victim to the principal
-preventing warnings from reaching the victim (but not merely
failing to disclose the occurrence of a crime to authorities)
mens rea -- this is the element that it all boils down to in
obtaining a conviction for being an accomplice. All the words
used in accomplice law ("abet" for example) carry an implication
of purposive attitude toward the crime. Other courts have held to a
less strict standard than "purposively" (even thought the MPC
recommends this only) such as "knowingly" but still other courts
have allowed "recklessly".
Criminal Intent
• Purposely
• Knowingly
• Recklessly
• Negligently
FIRST DEGREE MURDER
(720 ILCS 5/9-1) (from Ch. 38, par.
9-1)
Sec. 9-1. First degree Murder
(a) A person who kills an individual
without lawful justification commits
first degree murder if, in performing
the acts which cause the death:
(1) he either intends to kill or do
great bodily harm to that individual or
another, or knows that such acts will
cause death to that individual or
another; or
(2) he knows that such acts
create a strong probability of death or
great bodily harm to that individual or
another; or
•
Mens rea/Mental State
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•
Actus Reus/ Act
–
•
Intends to kill or
Knows that such acts will cause death
or
Knows that such acts create a strong
probability of death
Causes death
Attendent Circumstances
–
Without lawful authority
(a) Purposely.
A person acts purposely with respect to a
material element of an offense when:
(i) if the element involves the nature of his
conduct or a result thereof, it is his
conscious object to engage in conduct of
that nature or to cause such a result; and
(ii) if the element involves the attendant
circumstances, he is aware of the existence
of such circumstances or he believes or
hopes that they exist.
(b) Knowingly.
A person acts knowingly with respect to a
material element of an offense when:
(i) if the element involves the nature of his
conduct or the attendant circumstances, he
is aware that his conduct is of that nature or
that such circumstances exist; and
(ii) if the element involves a result of his
conduct, he is aware that it is practically
certain that his conduct will cause such a
result.
FELONY MURDER
(3) he is attempting or
committing a
forcible felony other
than second degree
murder.
• Mens Rea/Mental State
– Intent
• Actus Reus
– Attempting or committing a
forcible felony
FORCIBLE FELONIES
• (720 ILCS 5/2-8) (from Ch. 38, par. 2-8)
Sec. 2-8. "Forcible felony". "Forcible felony"
means treason, first degree murder, second
degree murder, predatory criminal sexual
assault of a child, aggravated criminal sexual
assault, criminal sexual assault, robbery,
burglary, residential burglary, aggravated arson,
arson, aggravated kidnaping, kidnaping,
aggravated battery resulting in great bodily harm
or permanent disability or disfigurement and any
other felony which involves the use or threat of
physical force or violence against any individual.
SECOND DEGREE MURDER
• Sec. 9-2. Second Degree
Murder. (a) A person
commits the offense of
second degree murder
when he commits the
offense of first degree
murder as defined in
paragraphs (1) or (2) of
subsection (a) of Section
9-1 of this Code and
either of the following
mitigating factors are
present:
• Excuse Murder
Excuses
• At the time of the killing
he is acting under a
sudden and intense
passion resulting from
serious provocation by
the individual killed or
another whom the
offender endeavors to kill,
but he negligently or
accidentally causes the
death of the individual
killed;
• Serious provocation is
conduct sufficient to
excite an intense passion
in a reasonable person.
• (2) At the time of the
killing he believes the
circumstances to be
such that, if they
existed, would justify
or exonerate the
killing under the
principles stated in
Article 7 of this Code,
but his belief is
unreasonable.
Burden of Proof
Second Degree Murder
• When a defendant is on trial for first degree murder and
evidence of either of the mitigating factors defined in
subsection (a) of this Section has been presented, the
burden of proof is on the defendant to prove either
mitigating factor by a preponderance of the evidence
before the defendant can be found guilty of second
degree murder. However, the burden of proof remains on
the State to prove beyond a reasonable doubt each of
the elements of first degree murder and, when
appropriately raised, the absence of circumstances at
the time of the killing that would justify or exonerate the
killing under the principles stated in Article 7 of this
Code.
Sexual Penetration
Generally CSAss
• (720 ILCS 5/12-12)
(f) "Sexual penetration" means any contact,
however slight, between the sex organ or anus
of one person by an object, the sex organ,
mouth or anus of another person, or any
intrusion, however slight, of any part of the body
of one person or of any animal or object into the
sex organ or anus of another person, including
but not limited to cunnilingus, fellatio or anal
penetration. Evidence of emission of semen is
not required to prove sexual penetration.
Sexual Penetration
• "Sexual penetration" means
any contact, however slight,
between the sex organ or anus
of one person by an object, the
sex organ, mouth or anus of
another person, or any
intrusion, however slight, of
any part of the body of one
person or of any animal or
object into the sex organ or
anus of another person,
including but not limited to
cunnilingus, fellatio or anal
penetration. Evidence of
emission of semen is not
required to prove sexual
penetration.
• Actus Reus/Criminal Act
– Any Contact
• Attendant Circumstances
– Sex organ or anus of one
person by
– An object, sex organ, mouth or
anus of another person
Or
• Actus Reus/Criminal Act
– Any Intrusion however slight
• Attendant Circumstances
–
–
–
–
Body part of one person
Animal or
Object
Sex organ or anus of another
person
Sexual Conduct
CSAb
(720 ILCS 5/12-12)
(e) "Sexual conduct" means any intentional or
knowing touching or fondling by the victim or the
accused, either directly or through clothing, of
the sex organs, anus or breast of the victim or
the accused, or any part of the body of a child
under 13 years of age, or any transfer or
transmission of semen by the accused upon any
part of the clothed or unclothed body of the
victim, for the purpose of sexual gratification or
arousal of the victim or the accused.
Sexual Conduct
• "Sexual conduct" means any
intentional or knowing touching
or fondling by the victim or the
accused, either directly or
through clothing, of the sex
organs, anus or breast of the
victim or the accused, or any
part of the body of a child
under 13 years of age, or any
transfer or transmission of
semen by the accused upon
any part of the clothed or
unclothed body of the victim,
for the purpose of sexual
gratification or arousal of the
victim or the accused.
• Mens Rea/Mental State
– Intentionally of Knowingly
• Actus Reus/Criminal Act
– Touching or Fondling
– Transmission of semen
• Attendant Circumstances
– For the purpose of sexual of
sexual gratification or arousal
of the victim or the accused
– Child < 13th birthday
(720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
Sec. 12-17. Defenses.
(a) It shall be a defense to any offense under Section 12-13 through
12-16 of this Code where force or threat of force is an element of the
offense that the victim consented. "Consent" means a freely given
agreement to the act of sexual penetration or sexual conduct in
question. Lack of verbal or physical resistance or submission by the
victim resulting from the use of force or threat of force by the accused
shall not constitute consent. The manner of dress of the victim at the
time of the offense shall not constitute consent.
(b) It shall be a defense under subsection (b) and subsection (c) of
Section 12-15 and subsection (d) of Section 12-16 of this Code that the
accused reasonably believed the person to be 17 years of age or over.
(c) A person who initially consents to sexual penetration or sexual
conduct is not deemed to have consented to any sexual penetration or
sexual conduct that occurs after he or she withdraws consent during
the course of that sexual penetration or sexual conduct.
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault.
The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use
of force or threat of force; or
(2) commits an act of sexual penetration and the accused knew
that the victim was unable to understand the nature of the act or was
unable to give knowing consent; or
(3) commits an act of sexual penetration with a victim who was
under 18 years of age when the act was committed and the accused
was a family member; or
(4) commits an act of sexual penetration with a victim who was
at least 13 years of age but under 18 years of age when the act was
committed and the accused was 17 years of age or over and held a
position of trust, authority or supervision in relation to the victim.
,
(720 ILCS 5/12-14) (from Ch. 38 par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault if he or
she commits criminal sexual assault and any of the following
aggravating circumstances existed during, or for the purposes of
paragraph (7) of this subsection (a) as part of the same course of
conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or used a
dangerous weapon, other than a firearm, or any object fashioned or
utilized in such a manner as to lead the victim under the circumstances
reasonably to believe it to be a dangerous weapon; or
(2) the accused caused bodily harm, except as provided in
subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to threaten or
endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated during the
course of the commission or attempted commission of any other felony
by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person;
or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance; or
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm
during the commission of the offense; or
(10) the accused, during the commission of the
offense, personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) The accused commits aggravated criminal sexual
assault if the accused was under 17 years of age and
(i) commits an act of sexual penetration with a victim
who was under 9 years of age when the act was
committed; or
(ii) commits an act of sexual penetration with a
victim who was at least 9 years of age but under 13 years
of age when the act was committed and the accused used
force or threat of force to commit the act.
(c) The accused commits aggravated criminal sexual
assault if he or she commits an act of sexual penetration
with a victim who was a severely or profoundly mentally
retarded person at the time the act was committed.
(720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
Sec. 12-15. Criminal sexual abuse.
(a) The accused commits criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of force or
threat of force; or
(2) commits an act of sexual conduct and the accused knew
that the victim was unable to understand the nature of the act or was
unable to give knowing consent.
(b) The accused commits criminal sexual abuse if the accused was
under 17 years of age and commits an act of sexual penetration or
sexual conduct with a victim who was at least 9 years of age but under
17 years of age when the act was committed.
(c) The accused commits criminal sexual abuse if he or she commits an
act of sexual penetration or sexual conduct with a victim who was at
least 13 years of age but under 17 years of age and the accused was
less than 5 years older than the victim.
(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
Sec. 12-16. Aggravated Criminal Sexual Abuse.
(a) The accused commits aggravated criminal sexual abuse if he or she
commits criminal sexual abuse as defined in subsection (a) of Section
12-15 of this Code and any of the following aggravating circumstances
existed during, or for the purposes of paragraph (7) of this subsection
(a) as part of the same course of conduct as, the commission of the
offense:
(1) the accused displayed, threatened to use or used a
dangerous weapon or any object fashioned or utilized in such a manner
as to lead the victim under the circumstances reasonably to believe it to
be a dangerous weapon; or
(2) the accused caused bodily harm to the victim; or
(3) the victim was 60 years of age or over when the offense
was committed; or
(4) the victim was a physically handicapped person; or
(5) the accused acted in such a manner as to threaten or
endanger the life of the victim or any other person; or
(6) the criminal sexual abuse was perpetrated during
the course of the commission or attempted commission of
any other felony by the accused; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(b) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual conduct with a
victim who was under 18 years of age when the act was
committed and the accused was a family member.
(c) The accused commits aggravated criminal sexual abuse if:
(1) the accused was 17 years of age or over and
(i) commits an act of sexual conduct with a victim who
was under 13 years of age when the act was committed; or
(ii) commits an act of sexual conduct with a victim who
was at least 13 years of age but under 17 years of age when the act
was committed and the accused used force or threat of force to commit
the act; or
(2) the accused was under 17 years of age and
(i) commits an act of sexual conduct with a victim who
was under 9 years of age when the act was committed; or
(ii) commits an act of sexual conduct with a victim who
was at least 9 years of age but under 17 years of age when the act was
committed and the accused used force or threat of force to commit the
act.
(d) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual penetration or
sexual conduct with a victim who was at least 13 years of
age but under 17 years of age and the accused was at
least 5 years older than the victim.
(e) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual conduct with a
victim who was a severely or profoundly mentally retarded
person at the time the act was committed.
(f) The accused commits aggravated criminal sexual abuse
if he or she commits an act of sexual conduct with a victim
who was at least 13 years of age but under 18 years of age
when the act was committed and the accused was 17
years of age or over and held a position of trust, authority
or supervision in relation to the victim.
Robbery
• A person commits robbery
when he or she takes property
from the person or presence of
another by the use of force or
by threatening the imminent
use of force.
• Mens rea/Mental State
– General Intent
• Actus Reus/Criminal Act
– Takes property from
the person or
presences of another
• Attendant Circumstances
– Used force or
threatened use of
force
Armed Robbery
•
(1) he or she carries on or about his or
her person or is otherwise armed with
a dangerous weapon other than a
firearm; or
(2) he or she carries on or about his or
her person or is otherwise armed with
a firearm; or
(3) he or she, during the commission
of the offense, personally discharges a
firearm; or
(4) he or she, during the commission
of the offense, personally discharges a
firearm that proximately causes great
bodily harm, permanent disability,
permanent disfigurement, or death to
another person.
•
•
•
Mens rea/Mental State
– General Intent
Actus Reus/Criminal Act
– Takes Property
Attendant Circumstances
– Used force or threatened use of force
AND
– Armed with a dangerous weapon
– Armed with a firearm
– Discharged a firearm
– Discharged a firearm that proximately
causes great bodily harm, permanent
disability, permanent disfigurement, or
death to another person
Aggravated Robbery
•
A person commits aggravated robbery
when he or she takes property from
the person or presence of another by
the use of force or by threatening the
imminent use of force while indicating
verbally or by his or her actions to the
victim that he or she is presently
armed with a firearm or other
dangerous weapon, including a knife,
club, ax, or bludgeon. This offense
shall be applicable even though it is
later determined that he or she had no
firearm or other dangerous weapon,
including a knife, club, ax, or bludgeon,
in his or her possession when he or
she committed the robbery.
• Mens Rea/Mental State
– General Intent
• Actus Reus/Criminal Act
– Takes property from the
person or presences of
another
• Attendant Circumstances
– Indicating he or she is
armed with a dangerous
weapon