INGREDIENTS OF A CRIME Unit 1
Focus Question Consider the following acts and in each case, decide whether the act should be treated as a crime. Rank the acts from most serious to least serious. Give reasons for your decision…
Focus Question Cont’d… 1. Robert sells crack cocaine and uses the proceeds to support his mother, who is on welfare 2. Liz pickpockets an individual’s wallet containing $ Donald is a used car dealer who turns back the odometer on cars he sells. 4. Ted robs a liquor store at gunpoint. 5. Ellen leaves a store with change for a $10 bill after she realizes that she gave the cashier a $5 bill.
Focus Question Cont’d… 1. Lilly approaches a man for the purpose of prostitution 2. Ming refuses to wear a helmet while riding a motorcycle 3. A company pollutes a river with waste from its auto factory 4. Marge gets drunk then hits a child while speeding through a school zone. 5. Burt observes his best friend shoplifting but does not turn him in.
-in murder, the act is killing someone - failing to act is also a crime A Prohibited act.
Examples: A Prohibited Act If a parent lets a child die of a long illness without seeking medical help it can be a crime
Criminal Intent You have to have a guilty mind (mens rea) Toughest thing to prove Specific Intent The person intended the result that happened General Intent The person knew the result would happen
Criminal Intent You have to have a guilty mind Criminal Negligence An act committed unintentionally but with extreme lack of care Strict Liability Absolute legal responsibility for an injury without proof of carelessness or fault.
Examples Specific Intent To convict John of theft, the prosecution must prove not only that John took Mary’s car, but also that he did not intend to return it.
Examples General Intent John picks up a gun on New Year’s Eve and shoots it toward a crowd of people. A bullet hits Mary and kills her. He didn’t kill her on purpose, but he must have known he would will someone.
Examples: Criminal Negligence John is racing down a city street when Mary, a pedestrian, walks out in front of his car. Mary is killed
Examples: Strict Liability Storing explosives in quantity will create an unusual and unacceptable risk in the midst of a large city but not in a remote rural area.
Concurrence and Causation The person has to intend the act at the same time he or she commits it. The act has to cause the harmful result Concurrence & IntentCausation
Class Activity Break into groups of 4-5 Read the case at your area Refer to the four basic elements of a crime: act, intent, concurrence of act and intent, and causation Assign one element of a crime to each person in the group. Have that person say whether that element is present in each case, then discuss whether or not it is. When the discussion in complete, assign one case to each student for reporting back to the class. Be prepared to discuss and explain them.