Crime and Elements of Crime

Purpose of Criminal Law Protect Citizens from Criminal Harm 2 categories of harms 1.Harms to individual citizens’ physical safety and property. (Murder, theft, arson) 2.Harms to society’s interest: Unsafe foods or consumer products, polluted environment, poorly constructed buildings # 1 is Self-evident- although different degrees of crime with different punishments # 2 harder to measure society’s self interest. Sometimes these laws can seem intrusive.

Why are some laws based on moral reasons? Examples: -Gambling -Prostitution -Bigamy -Sexual acts -Drug laws

Elements of a Crime Suppose Mr. Smith walks into a police station and announces that he has just killed his wife. Is this confession sufficient for conviction of Mr. Smith?

Act of Commission Person must do something in order to be accused of the crime. ACTUS REUS: Guilty act (prohibited act) Further more the actus reus must be voluntary. For instance if Mr. Smith were holding a shotgun when he had a seizure and fired killing his wife. NOT Voluntary. YBJ 119

Act of Ommission Failure to act can be a crime in some cases. But only when the person has a legal responsibility to act. Special relationship: Parent/Child, Spouse Physicians, Lifeguards, Teacher: Duty to aid Failure to file income tax.

Plan or Attempt Planning to commit a crime not criminal until actual harm is committed. A person can be convicted for attempted murder but normally only if substantial steps toward crime were taken.

Mental State Mens Rea: Crime state; a guilty state of mind A wrongful mental state is as necessary as a wrongful act. If a person harms another person in any way must prove the person understands what they did was wrong.

A Guilty Mental State Elements of -Purpose -Knowledge -Negligence -Recklessness

Purposefully He or she desire to engage in criminal conduct or cause a criminal result.

Knowingly He or she is aware of the criminality of the act or suspects that criminality exists.

Negligence He or she grossly deviates from the standard that a normal person would use under the same circumstances. A parent leaves a loaded firearm where a child could get it.

Recklessness A person that commits a reckless act is more blameworthy then one that is negligent. Recklessness: A person consciously disregards a substantial and justifiable risk. A parent has a child who cannot speak, eat or drink but refuses to seek medical attention and the child dies.

Defenses for Mens Rea Acted under duress Was Underage Insanity Self-Defense or defense of a third party Entrapment Acted out of necessity

mala in se basically means where the person knows that what they are doing is wrong. For example, you are aware of the consequences if you kill, steal

Mala prohibita Mala prohibita basically means there are rules or laws that prohibit something to be done. A classic example of this is speed limits.

Criminal Liability Was the act willful, deliberate, premeditated. Just because it was not does not mean there is not a crime. This is where degrees occur. Premeditated Murder: 1 st Degrees Not premeditated: 2 nd Degree Accidental death when a person was in another criminal act: Manslaughter. Burning down a building a someone inside dies: Felony Murder: 1 st Degree

Strict Liability Person endangering public welfare. Traffic laws, safety regulation, DUI Idea of strict Liability is protecting Public, Minors - Drug laws, Statutory rape

Accomplice Liability Guilty of crime even if you did not commit the crime. -Aided a person during the crime -Information

Causation In order for a crime to be a legal crime, there must be a causal relationship between the legally forbidden harm and the actus reus. The criminal act must lead directly to the harm without a long delay. whether the defendant's conduct (or omission) caused the harm or damage.

Concurrence There must be concurrence between the actus reus and the mens rea; the criminal conduct and the criminal intent must occur together Criminal act (Actus Reus) and mental state must be concurrent. Murder v. Manslaughter

Attendant Circumstances What is the person intent in the crime: Simple assault v. aggravated assault Was a weapon used etc.