Criminal Law I. General Considerations II. Elements of a Crime III. Preliminary Crimes IV. Crimes against Persons V. Crimes against Property VI. Defenses to Criminal Charges

General Considerations State crime v. Federal crime State crime v. Federal crime Classes of crime: Classes of crime: Felony Felony Misdemeanor Misdemeanor Violation Violation Parties to a crime Parties to a crime Principle Principle Accomplice Accomplice Accessory (before or after) Accessory (before or after)

General Considerations State v. Federal Crimes: State v. Federal Crimes: Some crimes violate state laws and can only be prosecuted in state courts (drunk driving, shoplifting) Some crimes violate state laws and can only be prosecuted in state courts (drunk driving, shoplifting) Other crimes violate national laws and can only be prosecuted in federal courts (mail fraud, federal tax evasion); Other crimes violate national laws and can only be prosecuted in federal courts (mail fraud, federal tax evasion);

some crimes violate both Federal and State laws and can be tried in either court ( drug laws, bank robbery, kidnapping, explosives, etc.) Federal prosecutors decide which court will try. some crimes violate both Federal and State laws and can be tried in either court ( drug laws, bank robbery, kidnapping, explosives, etc.) Federal prosecutors decide which court will try. If a crime crosses state borders, it can become a Federal crime (kidnapping) If a crime crosses state borders, it can become a Federal crime (kidnapping) Federal prison sentences are more severe; major cases usually tried in Federal court. Federal prison sentences are more severe; major cases usually tried in Federal court.

Classes of Crimes Felony: punishable by more than one year in prison, fines, or both; can be Class A, Class B, or Class C. Felony: punishable by more than one year in prison, fines, or both; can be Class A, Class B, or Class C. Misdemeanor: punishable by less than one year on jail, fines, or both; can be Class A, Class B, or Class C. Misdemeanor: punishable by less than one year on jail, fines, or both; can be Class A, Class B, or Class C. Infraction/Violation: punishable only by a fine. Infraction/Violation: punishable only by a fine.

Parties to a Crime Principle: the person committing the criminal act. Principle: the person committing the criminal act. Accomplice: assists in committing the crime; acts at the same time/ same place; charged with the same crime (getaway driver) Accomplice: assists in committing the crime; acts at the same time/ same place; charged with the same crime (getaway driver)

Accessory before the fact: assists in planning and preparation but is not present at the crime scene; is charged as an accessory to the crime. Accessory before the fact: assists in planning and preparation but is not present at the crime scene; is charged as an accessory to the crime. Accessory after the fact: helps a criminal avoid capture after the crime; the charge is aiding & abetting, or obstruction of justice. Accessory after the fact: helps a criminal avoid capture after the crime; the charge is aiding & abetting, or obstruction of justice.

Preliminary Crimes Also called Inchoate crimes Also called Inchoate crimes Actions that take place before the actual commission of a crime, acts of preparation to commit a crime Actions that take place before the actual commission of a crime, acts of preparation to commit a crime Considered crimes in themselves- even if the intended crime does not occur. Considered crimes in themselves- even if the intended crime does not occur. Solicitation, Solicitation, Attempt, Attempt, Conspiracy Conspiracy

Solicitation: asking or paying someone to commit a crime (paying for a hit man) Solicitation: asking or paying someone to commit a crime (paying for a hit man) Attempt: having the intent to commit a crime and acting on the intent; taking substantial steps toward make the crime happen Attempt: having the intent to commit a crime and acting on the intent; taking substantial steps toward make the crime happen Conspiracy: an agreement between two or more persons to commit a crime Conspiracy: an agreement between two or more persons to commit a crime

Elements of a Crime = A.R.M. Every crime is defined by three elements: Every crime is defined by three elements: A ct A ct R esult R esult M ental State M ental State Prosecution must prove all elements; defense may only need to disprove one Prosecution must prove all elements; defense may only need to disprove one

Act: (Actus Rex) Thoughts /plans alone do not make a crime Thoughts /plans alone do not make a crime Thoughts are not dangerous, acts are Thoughts are not dangerous, acts are If thoughts could be prosecuted, it would be too easy to fabricate prosecution If thoughts could be prosecuted, it would be too easy to fabricate prosecution An act can include many types of conduct: inciting with words, physical actions, even making plans with others An act can include many types of conduct: inciting with words, physical actions, even making plans with others

Result Some crimes require a particular result, i.e. murder requires that victim die Some crimes require a particular result, i.e. murder requires that victim die

Mental State (mens rea): The mental state of the criminal determines the degree of blame (culpability) and the seriousness of the crime The mental state of the criminal determines the degree of blame (culpability) and the seriousness of the crime The mental state is judged as of the time of the act, (concurrence) The mental state is judged as of the time of the act, (concurrence) The 4 mental states are: Purpose or Intent; Knowledge, Reckless, and Negligent The 4 mental states are: Purpose or Intent; Knowledge, Reckless, and Negligent

Purpose or Intent it is the principle’s intent in acting that the result occurs run over victim with a car for the purpose of killing them take property with the intent of keeping it start a fire with the intent of burning a building

Knowledge the principle commits the act knowing that the results are almost certain to occur: hit victim with a car, without intent to kill but knowing that it will almost certainly kill them shoot with the intent of wounding, but knowing that it could kill

Reckless person consciously disregards a substantial and unjustifiable risk of harm or injury if the act is committed person knows it is likely to cause the harmful result and does it anyway.

Reckless A “reasonable person” would recognize that the action has a very high risk of severe injury or death (driving when at risk of epileptic seizures or heart attack, driving with known faulty brakes)

Negligent person acts unreasonably in disregard of substantial and unjustifiable risk of harm to others; their carelessness, failure to recognize danger, creates the risk their conduct violates a minimum standard of care owed to others (driving too fast for the road conditions)

Intent Required for Crime Specific intent crimes: some crimes require the principle have a specific mental state Specific intent crimes: some crimes require the principle have a specific mental state larceny requires “the taking and carrying away with the intent to permanently deprive another of their property” larceny requires “the taking and carrying away with the intent to permanently deprive another of their property”

Intent Required for Crime General intent crimes: some crimes can result from many mental states General intent crimes: some crimes can result from many mental states battery is the unlawful touching of another person- it could result from purpose, negligence, or any of the mental states. battery is the unlawful touching of another person- it could result from purpose, negligence, or any of the mental states.

Intent Required for Crime Strict liability crimes: acts are wrong because they are prohibited, the mental state is not considered Strict liability crimes: acts are wrong because they are prohibited, the mental state is not considered sale of alcohol to minors, statutory rape sale of alcohol to minors, statutory rape