Frank is helping his friend move into a downtown Seattle condo Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury.   Suppose that Illinois law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be?

Victims of Crime & Intro to Criminal Law

Why Do I Need to Know This? Elements of Crime Why Do I Need to Know This? Because in our legal system, what you are thinking at the time you commit a crime is almost as important as what you do. Because what you are thinking when you commit a crime is not the same thing as the reason why you commit the crime. Because in order to be guilty of a specific crime, you must complete all the elements of that crime.

Characteristics of Victims More likely to be a victim if… You are a teen or young adult (age 12-24) You are a male You are from a lower-income household You are a minority

Victim Assistance & Victim Advocacy Assistance Programs Provide counseling, medical care, and other benefits Victim compensation Medical bills, lost salary, and even funeral costs Advocacy Groups Mothers Against Drunk Driving (MADD) “Megan’s Law” Megan (Yearbook)

Intro to Criminal Law Almost all crimes require an act, accompanied by a GUILTY STATE OF MIND. State of mind is different than a MOTIVE. Guilty State of Mind = Was it done intentionally? Motive = WHY was it done?

Strict Liability A few crimes are strict liability crimes. Examples: DO NOT require a guilty state of mind Act itself is criminal, regardless of intent Examples: Statutory rape Selling alcohol to minors Hailey (Tim McGraw concert)

Elements of Crime Every crime is defined by certain elements, each which must be proven in order to convict an offender. FOR EXAMPLE: Robbery is defined as the “unlawful taking and carrying away of goods or money from a person by force or intimidation.” If someone breaks into your house when you are not home and takes your television, can you convict him/her of robbery?

Why Do I Need to Know This? Classes of Crimes Why Do I Need to Know This? Because some crimes are more severe than others. Because the more severe the crime a person commits, the longer the sentence the person will receive. Because the more severe the crime you commit, the less rights you will have in the future.

State and Federal Crimes State Crimes: Simple assault, DUI, shoplifting Federal Crimes: Mail fraud, espionage, international smuggling Both: Illegal possession of drugs, bank robbery

Felony > Misdemeanor > Infraction Classes of Crimes Felony (murder, assault, rape, etc) Crime for which potential penalty is 1+ years in prison Misdemeanor (petty theft, disorderly conduct, vandalism) Crime for which potential penalty is >1 year in prison Felony > Misdemeanor > Infraction

Why Do I Need to Know This? Parties to Crime Why Do I Need to Know This? Because you can be held criminally responsible for the acts of another person if you help them in any way before, during, or after the criminal act. Because the punishment that you will receive for your part in a crime will depend upon what your role was in the crime.

Parties to Crimes Principal Accomplice Accessory before the fact The person who commits the crime Accomplice Someone who helps the principal commit the crime Accessory before the fact Person who orders a crime or helps the principal commit the crime, but who is not present during the crime Accessory after the fact Person who, knowing a crime has been committed, helps the principal or accomplice avoid capture or escape

Harold and Marci decide to burglarize Superior Jewelers Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?

Harold and Marci decide to burglarize Superior Jewelers Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?

Harold and Marci decide to burglarize Superior Jewelers Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?

Harold and Marci decide to burglarize Superior Jewelers Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?

Harold and Marci decide to burglarize Superior Jewelers Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?

Why Do I Need to Know This? Crimes of Omission Why Do I Need to Know This? Because in some rare circumstances, you will be held criminally responsible for NOT doing something that you should have done. Because in many jobs, you will have the legal responsibility to do things, and can be criminally punished if you fail to do them.

Crimes of Omission A crime in which a person fails to perform an act required by law. Examples: Not paying your taxes Not stopping after getting into a car accident Teachers failing to report obvious signs of child abuse Mechanics letting people drive off with no brakes

Why Do I Need to Know This? Preliminary Crimes Why Do I Need to Know This? Because some acts that occur prior to a crime happening are also punished. Because preliminary crimes are complete crimes in and of themselves and require very little to be complete.

Preliminary Crimes Solicitation Attempt Conspiracy When a person asks, commands, urges, or advises another person to commit a crime. Attempt When someone performs all of the elements of a crime, but fails to achieve the desired results Must take some sort of “substantial step” toward committing the crime Conspiracy An agreement between two or more persons to commit a crime. An overt act is required for conviction

No one is guilty of attempted embezzlement. Would any of the individuals involved be guilty of the crime of attempt? Martin, a bank teller, figures out a foolproof method of stealing money from a bank. It takes him some time to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend, Maria, that tomorrow he will steal the money. Maria goes to the police, and Martin is arrested an hour later. No one is guilty of attempted embezzlement.

Gil is guilty of attempted larceny. Would any of the individuals involved be guilty of the crime of attempt? Gil, an accomplished thief, is caught while trying to pick Lewis’s pocket. He pleads not guilty and says he cannot possibly be convicted, because Lewis did not have a penny on him. Gil is guilty of attempted larceny.

No one is guilty of attempted robbery. Would any of the individuals involved be guilty of the crime of attempt? Rita and Anwar decide to rob a liquor store. They meet at a pub and talk over their plans. Rita leaves to buy a revolver, and Anwar leaves to steal a car for use in their getaway. Rita is arrested as she walks out of the gun shop with her new revolver. Anwar is arrested while trying to hot-wire a car. No one is guilty of attempted robbery.

Amy is guilty of attempted arson. Would any of the individuals involved be guilty of the crime of attempt? Amy decides to burn down her store to collect the insurance money. She spreads gasoline around the building. She is arrested while leaving the store to get a book of matches. Amy is guilty of attempted arson.