Legal Criminal Intent Daytona State College School of Emergency Services Substantive Criminal Law Criminal Intent

Legal Criminal Intent Daytona State College School of Emergency Services Objectives How to determine if a crime has been committedHow to determine if a crime has been committed IntentIntent Four categories of criminal intentFour categories of criminal intent Criminal negligenceCriminal negligence General intentGeneral intent Specific intentSpecific intent Transferred intentTransferred intent

Legal Criminal Intent Daytona State College School of Emergency Services Elements of an Offense Are the elements present to constitute a criminal act?Are the elements present to constitute a criminal act? –Probable cause that: The elements of the crime are present Also known as “corpus delicti” or “body of the crime” The person to be charged committed the crime –Criminal acts each have their own elements Elements are found in the statute

Legal Criminal Intent Daytona State College School of Emergency Services Elements of an Offense ExamplesExamples –Burglary, FS 810 Entered into or remained in a structure or conveyance With intent to commit a crime –Trespass. FS 810 Entered into or remained in a structure or conveyance Without permission

Legal Criminal Intent Daytona State College School of Emergency Services Elements of an Offense ExamplesExamples –Battery, FS 784 Struck or touched another person against his or her will Causes harm to another person –Assault, FS 784 Intentional, unlawful threat against another Coupled with an apparent ability to do so With an act that creates fear in the victim that harm is imminent

Legal Criminal Intent Daytona State College School of Emergency Services Elements of an Offense Elements of an Offense ExamplesExamples –DUI, FS Drove a motor vehicle On public roads or in the public domain While impaired by drugs or alcohol

Legal Criminal Intent Daytona State College School of Emergency Services Intent To be guilty:To be guilty: –Offender engages in behavior that is specifically prohibited –Offender purposely engages in conduct that is against the law Intent is definedIntent is defined –Doing what the law declares to be a crime

Legal Criminal Intent Daytona State College School of Emergency Services Intent Results of actions…Results of actions… –The law recognizes that intent occurs when the person’s actions are likely to result, regardless of desire for that result –Shooting into a crowd is likely to cause injury and death, even though the shooter may not want to shoot a specific individual

Legal Criminal Intent Daytona State College School of Emergency Services Categories of Criminal Intent Criminal NegligenceCriminal Negligence General IntentGeneral Intent Specific IntentSpecific Intent Transferred IntentTransferred Intent

Legal Criminal Intent Daytona State College School of Emergency Services Criminal Negligence Liability (responsibility) that occurs when:Liability (responsibility) that occurs when: –A person breaches a duty to conform to a particular standard –Simple negligence is not a crime –Criminal responsibility requires culpable negligence

Legal Criminal Intent Daytona State College School of Emergency Services Culpable Negligence DefinedDefined –Consciously doing an act or following a course of conduct that the person must have known or should have known was likely to cause death or great bodily harm ExampleExample –Driving impaired on a busy street at night at 80 mph Could be criminal in nature – Traffic homicide

Legal Criminal Intent Daytona State College School of Emergency Services General Intent Defines most criminal offensesDefines most criminal offenses –The offender commits some prohibited act –To be an “act” the offender’s movements must be voluntary –The offender must have some movement towards completing the crime –Completion is not required

Legal Criminal Intent Daytona State College School of Emergency Services Specific Intent Requires more than just a reasonable expectation of resultRequires more than just a reasonable expectation of result –Must have a special mental element of intent to cause a certain result, over and above any mental state required for the offender to commit the act –Specific elements must be met ExampleExample –Burglary is specific intent, as it requires the burglar to intend to commit a crime

Legal Criminal Intent Daytona State College School of Emergency Services Transferred Intent Intentional act causes an unintentional resultIntentional act causes an unintentional result –Criminal is not absolved because something unexpected happened ExampleExample –Shoot at one person, miss, but hit an unexpected bystander

Legal Criminal Intent Daytona State College School of Emergency Services Criminal Liability Causal relationship between the act and the resulting harmCausal relationship between the act and the resulting harm –Accidental crimes cannot happen –Defense lawyers will try to diminish criminal liability by diminishing intent –Must pay strict attention to the elements of the crime

Legal Criminal Intent Daytona State College School of Emergency Services Questions