Criminal Law Introduction and Crimes against the person

State of mind vs. motive Most crimes require an act and a guilty “state of mind” known as "mens rea". This means there was some intent: accidentally tipping over a candle is not arson Some crimes are “strict liability” offenses. These do not require a guilty state of mind: i.e. selling alcohol to a minor or speeding A “motive” is the reason why an act is performed.

Do the following show state of mind or motive? Both? Why? Drake drives to Meek Mill's house and shoots him with a gun because he is jealous that Meek is marrying Nicki Minaj. Bella pulls up next to Merlinda’s car and shoots through the car window at Merlinda killing her. Yadany feeling angry at Tenzin for criticizing her dance moves throws a brick at Tenzin, injuring him.

Problem 8.1 Civil v. Criminal Refresh pg. 102 1 set of written answers with a partner. State v. federal refresh - When do criminal cases go to state court? Federal court?

Elements Crimes are made up of elements Each element must be proven beyond a reasonable doubt. Example: Robbery is defined as taking and carrying away goods or money from someone’s person by force or intimidation. What are the elements of this crime? - volunteers write them on the board.

Strict Liability Crimes Crimes that do not require a guilty state of mind. The act is a crime even if the act was not intentional. Examples: Speeding, possession of illegal substances, statutory rape.

Parties Principal: The person who commits the crime Accomplice: Someone who helps another commit a crime (ex. getaway car driver) Accessory before the fact: A person who orders a crime or helps commit the crime but is not present Accessory after the fact: A person who helps the principal or accomplice avoid capture knowing they have committed a crime Problem 8.2 on p. 103

Crimes of Omission When you don’t do something you are required to do... What examples of what citizens are required to do? pg. 104: The Case of the Drowning Girl – 3 mins at table, 4 mins discussion.

Preliminary crimes Solicitation: Ask, command, urge, or advice another person to commit a crime. Attempt: To attempt to commit a crime is often itself a crime. The accused must both be trying to commit a crime and take substantial step toward committing the crime. Conspiracy: An agreement between two or more people to commit a crime. Problem 8.3 and 8.4

Crimes against the person: Murder Homicide: The killing of one human being by another First Degree Murder: Killing that is premeditated, deliberate and done with malice (an intent to kill or cause severe injury) Felony Murder: Any killing that takes place during the commission of certain felonies such as arson rape or robbery. Second degree murder: Killing done with malice but without premeditation

Manslaughter and Negligent homicide Voluntary Manslaughter: A “crime of passion” killing that takes place after a person is provoked. Must be more than words. Involuntary manslaughter: Unintentional killing resulting from conduct so reckless that it causes extreme danger. Negligent homicide: The causing of death through the failure to exercise a reasonable or ordinary amount of care

Hypotheticals Remember, some killings are not homicides. Brainstorm some examples. Let’s look at: Review problems from Friday Homicide Crimes, p. 109.

Other Crimes Against the Person Assault and Battery Alejandra hisses to Marianne in the hallway, “ I am going to stab you if you don’t give me your Math homework.” Assault or Battery? Why?

Other Crimes Against the Person Matt Ryan crashes into Clay Matthews to cross into the endzone, bruising Clay badly. Assault or Battery? Why?

Other Crimes Against the Person Liam, jealous of Matthew’s speed, threatens to push him down at a cross country meet. Matt, starts to jog away in fear but Liam trips him and punches him after. Assault or Battery? Why?