General Considerations Pages 73 to 79

Elements of Crimes Every crime is made up of elements A crime is not committed unless all elements are met. Ex: In order for a crime to be considered robbery the individual(s) must have 1.Taken goods and/or money 2.Used force and intimidation 3.Had no consent to take the money or goods

Act and intent Almost all crimes require act and intent If the situation was a mistake, there can not be intent

Strict Liability Does not require intent Strict liability offenses make the act a crime regardless of the knowledge of the person committing the act. Ex: It is illegal to sell alcohol to individuals under the age of 21 regardless if the seller knew the person was underage or not

Motive The reason a person commits a crime

Parties to a Crime Principal- the person who commits the crime Accomplice- helps principal commit the crime Accomplices typically receive the same sentence as the principal.

Accessories Before the fact- Orders a crime but doesn’t actually commit the crime (ex: orders someone to be murdered, does not actually commit the crime). Typically charged the same as the principal. After the Fact- Helps the principal or accomplice avoid capture or escape (helps principal or accomplice avoid capture or escape). Not charged with original crime but can be charged with harboring a fugitive, aiding an escape, or obstructing justice (sometimes called aiding and abetting)

Crimes of Omission A person may be liable for failing to act in certain situations Ex: Taxpayer does not pay taxes Leaving the scene of an accident

Good Samaritan Laws Help protect rescuers voluntarily helping a victim in distress from being successfully sued in tort (i.e. for wrongdoing). Designed to encourage people to help a stranger who needs assistance by reducing or eliminating the fear that, if they do so, they will suffer possible legal repercussions in the event that they inadvertently make a mistake in treating the victim.

Continued Differ from state to state Most states require that the victim not object to receiving aid, but do not the victim's consent (which, of course, could not be given if the victim was unconscious).

The Basics of Good Samaritan Laws "Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance."

Pennsylvania Provides immunity for Rescuers

The Case of the Drowning Girl Page 77