Chapter 8

 Understand the concept of elements of a crime  Know the three primary culpable (guilty) states of mind associated with most crimes  Understand the concept of a strict liability crimes  Be able to identify parties to crimes according to their role in the crime  Understand the concept of preliminary crimes and be able to identify examples

 Each crime we will study requires proof of certain elements  Elements are like ingredients in a recipe—leave one out, and the prosecution fails, just as the recipe turns out badly  Each element must be proven beyond a reasonable doubt  Example: Robbery is “the unlawful taking and carrying away of goods or money from someone’s person by force or intimidation.”  What are the elements of robbery?

 Most crimes require not only proof of physical elements, but also a required mens rea (guilty state of mind)  Three most common states of mind:  Intentional acts—did you intend to act as you did? (does not require that you intend the result)  Acts done knowingly  Reckless acts (more than simple carelessness)  Is motive an element of a crime?

 A strict liability crime is one that does not require a guilty state of mind—the physical elements alone are proof of the crime  Examples?  Very few crimes are strict liability

 There are four “roles” that a person may have in a crime:  Principal—direct actor/participant in crime  Accomplice—person who helps another commit a crime (e.g., getaway driver)  Accessory before the fact—person who plans or orders the crime but does not actually participate (e.g., mob boss who orders “hit”)  Accessory after the fact—no role in the actual crime, but aids or assists someone who was involved to avoid capture.  The first three are generally equally responsible for the crime committed  The accessory after the fact has really committed a “separate” crime

 Certain crimes are “complete” even before any direct harmful act has occurred. These are called preliminary crimes.  Solicitation—hiring or asking another to commit a crime (e.g., murder for hire)  Attempt—requires a “substantial act” toward committing the crime (more than mere “preparation”)  Conspiracy—agreement between two or more people to commit a crime—must include an “overt act” in furtherance of the conspiracy

 Complete problems 8.1 and 8.3 using Think- Pair-Share  Tell me one question or curiosity you have about the subject of Chapter 8 (general nature of crime  Turn in for class participation credit