STREET LAW UNIT 2: Criminal Law and Juvenile Justice Chapter 8 Introduction to Criminal Law STREET LAW

State of mind is different from motive Almost all crimes require an act, accompanied by a guilty state of mind This means that the act was done intentionally, knowingly, or willfully It deals with the level of awareness of performing some act—whether it was done purposefully, intentionally, or recklessly Mere carelessness is not a guilty state of mind State of mind is different from motive Motive is the reason—the why

A few crimes are strict liability offenses These crimes do not require a guilty state of mind The act itself is criminal—regardless of the knowledge or intent of the person committing the act Example: selling alcohol to minors—this is true regardless of whether or not the seller know the buyer was underage Most strict liability statues are limited to crimes that do not carry severe penalties or to crimes that are part of a larger attempt to regulate some area of conduct

? . . . Should a person’s intentions matter in deciding if he or she committed a crime? For example: Should it matter if an act was done on purpose? If it was done when a person was being reckless? If it was done when a person was enraged?

General Considerations Crimes are characterized by three elements the act itself most crimes require a guilty state of mind—this means that the act was done intentionally, knowingly, or willfully motive—the reason for performing the act Each of these three elements must be proven at trial in order to obtain a conviction

   Every crime is made up of certain elements—at trial, each element of a particular crime must be proven beyond a reasonable doubt in order to convict a person A single act can be both a criminal & a civil wrong For example, the state can prosecute & punish the person for the crime, & the injured person can sue for damages in civil court

State and Federal Crimes Both the federal & state governments have criminal laws Some acts can be prosecuted only in state courts while other acts can be prosecuted only in federal courts You won’t necessarily be able to identify whether a crime is a state or federal crime (unless it occurs on federal property) without consulting the federal criminal statutes

Certain crimes that violate both state & federal law can be prosecuted in either state or federal courts As part of the “get tough on crime” policies of Congress in the late 1990s, some crimes previously classified as state crimes are now also violations of federal criminal law They may also be prosecuted in both state & federal courts for the same crime—this is not double jeopardy since they are separate court systems

Classes of Crimes  Crimes are separated into two categories based on their severity & the punishments attached to them A felony is a crime that carries a potential prison sentence of more than one year—felonies are usually more serious crimes A misdemeanor is any crime that can result in a prison sentence of one year or less Minor traffic violations are not considered crimes, although they are punishable by law

Parties to Crimes   The person who commits a crime is called the principal An accomplice is the person who helps the principal commit the crime The accomplice can be charged with the same crime as the principal

A person who helps organize the crime but is not present when it occurs is called an accessory before the fact This person can usually be charged with the same crime as the principal

An accessory after the fact is a person who learns about a crime after it has occurred helps the principal or accomplice to avoid capture This person is not charged with the original crime but may be charged with harboring a fugitive or obstructing justice

Crimes of Omission   Most crimes occur when a person does something that violates the law In a few cases, however, failing to act may be a crime if the person had a legal duty to act & was physically able to perform the required act This type of failure to act is known as omission

Beware: If you are present when a crime is committed by someone else, you are potentially liable in criminal or juvenile court! Society’s failure to penalize those who are parties to crime or who are guilty of crimes of omission would endanger public safety & thwart justice

Preliminary Crimes   Certain actions take place before a crime is committed These acts can be punished even if the crime is never completed Three examples of preliminary crimes are: solicitation attempt and conspiracy [Ch. 8 – Basic Concepts]

Solicitation involves one person asking another to participate in a crime To be convicted for attempt, the accused person must have both intended to commit a crime and have taken a "substantial step" toward committing the crime

A conspiracy is an agreement between two or more people to commit a crime Police cannot arrest people for merely discussing a crime—the people must have taken obvious steps towards completing the crime to be guilty of conspiracy

Conspiracy charges are often criticized because of the inherent vagueness, due process, & free speech problems they raise The government has sometimes used conspiracy prosecutions in political cases—however, because of 1st Amendment problems, they have seldom resulted in convictions

Conspiracy has also been used frequently in recent years to prosecute people involved in the drug trade Large-scale drug dealers who plan activities to import & sell drugs have been convicted & sentenced to long prison terms

An overt act is an act that is open to view – it’s required for conviction on a conspiracy charge