Things that make you go hmmm…

What do you think of when you hear the word “crime”?

What is a crime? A punishable offense against society. A breach of the peace essential to society’s functioning for the good of all.

How is the action in this picture an “offense against society” or a “breach of the peace”?

How do you know if something you are doing (or thinking of doing) is a crime?

3 Elements of a Crime All 3 need to be proven in court conviction for a conviction (find accused person “guilty” of a crime). 1.Duty 2.Violation/Breach of the Duty 3.Criminal Intent

Element #1-- Duty a legal obligation to do or not do something What are some things the law obligates/compels you to do? What are some things the law says you cannot do?

Element #1-- Duty a legal obligation to do or not do something Statutes and ordinances specifically and clearly define duties. During a criminal trial, the law(s) that were allegedly broken will be specifically stated.

Element #1-- Duty a legal obligation to do or not do something Laws are written to reflect the will of society, and are subject to change over time. What laws have changed since this calendar was printed?

Quick! Tell me one thing you remember about DUTY… the first element of a crime.

Element #2– Breach of Duty the violation of a legal duty Committing the violation/breach is considered the actual crime. The commitment of this act by the accused individual has to be proven in court. witnesses evidence confession

Element #2– Breach of Duty the violation of a legal duty What could be used to prove: Shoplifting Car theft Embezzlement

Quick! Tell me one thing you remember about VIOLATION OF DUTY… the second element of a crime.

There are 3 elements to every crime… What are they? Duty Violation/breach of that duty Intent

Tell me, tell me… About Duty Violation/breach of duty

Element #3– Criminal Intent purposefully committed violation of duty Required to prove intent: Defendant purposefully did the action that is a violation of a duty. Defendant has capacity to understand the difference between right and wrong. Defendant has the required state of mind, as defined by statute

Element #3– Criminal Intent purposefully committed violation of duty Who might not have capacity to understand the difference between right and wrong? Minors Mentally ill or insane Mentally handicapped

Element #3– Criminal Intent purposefully committed violation of duty If you voluntarily take intoxicating substances, do you have capacity? YES!!!!! Being under the influence of intoxicating substances does NOT take away your capacity.

Element #3– Criminal Intent purposefully committed violation of duty Intent and motive are NOT the same! Intent is purposefully doing an act that is a breach of a duty. Motive is WHY a person commits (or does not commit) an act.

Did you know… If an employee commits a criminal act while completing their assigned duties AND the act benefits the corporation, the corporation may be found to have had criminal intent! * AND * Vicarious criminal liability is when the criminal intent of an employee is substituted for the requirement of criminal intent for an officer of the company.

Case Example Pack was the president of Acme Markets, Inc., a large retail food chain. Both Pack and Acme were charged with violating criminal provisions of the federal Food, Drug, and Cosmetics Act. They were charged with allowing interstate shipments of food contaminated by rodents in the Acme warehouse. Pack defended himself by stating that although he was aware of the problem, he had delegated responsibility for the sanitary conditions of food to responsible subordinates. Can Pack be held criminally liable in these circumstances?

Quick! Tell me one thing you remember about INTENT… the third element of a crime.

Let’s practice! Three Elements of Crime worksheet