Criminal Law

Elements of Crimes Most crimes requires: An act. This is called actus reus. A guilty state of mind (the act was done intentionally, knowingly, or willfully). This is called mens rea.

Mens Rea – when you don’t need to prove it State of mind (level of awareness) is different from motive (the reason for the act). A few crimes, like selling alcohol to minors, are strict liability offenses. The act itself is criminal, regardless of state of mind. Other examples? Parking in a handicapped spot.

I’LL GIVE YOU A CRIME, YOU GIVE ME THE ACTUS REUS AND THE MENS REA Setting fire to something is not inherently a crime. Actually setting fire to something and the intent to set fire to something. Arson

I’LL GIVE YOU A CRIME, YOU GIVE ME THE ACTUS REUS AND THE MENS REA The act of burglaring (entering a building) and then also having the intent to do so Burglary

Elements of Crimes Crimes are made up of elements. All of the elements must be present. Remember – you also have to prove a guilty state of mind And, in court, you need to prove that the person is guilty beyond a reasonable doubt

Robbery 1. Taking and carrying away someone’s money or property 2. From someone’s person 3. Using force or intimidation Versus burgarly, which is entrance into a structure

State Crimes Most crimes are state crimes, including Murder Robbery Arson Assault Drunk driving Shoplifting

Federal Crimes (breaking a federal law) Federal crimes include Actions on federal property (like a national park) Tax evasion Mail fraud Espionage Smuggling Drug violations – long bc of the war on drugs and sentencing guidelines – but that’s why drug trafficking can get you so many years – both state and federal

State and Federal Crimes Some crimes are both state and federal crimes, including Possession of illegal drugs Bank robbery Racially motivated murder Violation of federal law against hate crime, plus the crime committed in the state – could be liable for crimes in different courts

Parties to crimes Quick discussion: Lauren gets with Cissy one day after school and decide to rob the nearby Jimmy John’s. Lauren and Cissy both plan to do this, and spend weeks coming up with how to get away with this crime and leave no trace. On the day of the robbery, Lauren backs out. Cissy continues on with the plan, successfully robs Jimmy John’s, and immediately gets caught by the police. She rats on Lauren. What crime(s), if any, will Cissy be charged with? What crime(s), if any, will Lauren be charged with?

Accomplice to a Crime An accomplice (assistant) may be convicted of the same offense as the principal offender. For example, the driver of a getaway car may be charged with murder. If there’s a bank robbery and the teller gets shot, the driver can be charged – and also be charged with conspiracy to commit!

Conspiracy to Commit a Crime Is a separate charge in itself! You can be guilty of robbery And also conspiracy to commit robbery If there’s a bank robbery and the teller gets shot, the driver can be charged – and also be charged with conspiracy to commit!

Accessories Accessories before the fact may be charged with the same crime as the principal. Accessories after the fact may not be charged with the same crime as the principal, but may be charged with harboring a fugitive, aiding escape, or obstructing justice. Why not charged the same?

Crimes of Omission A crime of omission occurs when a person fails to act, such as failing to pay taxes. You know the law, and you choose to disobey it Most crimes are crimes of commission – examples?

Preliminary Crimes Preliminary crimes take place before the commission of a crime, they include Solicitation (asking or urging someone to commit a crime) Attempt (unsuccessfully trying to commit a crime) Conspiracy (an agreement to commit a crime)

AGENDA – 2/8 Crime scenarios!!! WARM UP: Jacob and Kamryn decide to burglarize Superior Jewelers. Their friend Jay, an employee at Superior, helps by telling them the location of the store vault. Kamryn drives a van to the store and acts as the lookout while Jacob goes inside and cracks the safe. After Jacob and Kamryn make their getaway, Jacob meets a friend, AnnaMei, who is not involved in the actual burglary. Jacob tells AnnaMei about the burglary and AnnaMei helps Jacob get a train out of town. Paul, a former classmate of Jacob and Kamryn, witnesses the crime but does not tell the police, even though he recognizes Jacob and Kamryn. How will each person be charged? Explain your answer.

Crime scenarios!

NOT GUILTY! CASE ONE: SARAH She did not cause the death She had no knowledge of the poison in the bottle She did not give the infant the poison

CASE ONE: MARION MAYBE? Marion *could* be found guilty of murder if... She could prove that she knowingly put the poison in the medicine bottle and could reasonably have expected it would be given to the infant in that he would die

CASE TWO: DONNA AND CLAUDIA? GUILTY They are all parties to an assault causing bodily harm. Their intent to hurt and assist was present in their “yelling support” That indicates awareness

NOT GUILTY CASE TWO: MIKE? Not a criminal offense to observe a criminal act and do nothing Although… people don’t generally appreciate that

CASE THREE: CRIMINAL ACTS Josie, Murray, and Rosa Planned to commit theft and would be guilty of conspiracy Active part in committing the theft Rosa Bank robbery and murder Josie and Murray If it could be proved that the weapon was known to them, then they could be convicted and charged Russ Guilty of aiding and abetting

Prison v jail Prison: separate facility (felonies) Jail: temporary – like a city jail or police lock up (misdemeanors)