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Criminal Law
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Elements of Crimes Most crimes requires: An act
A guilty state of mind (the act was done intentionally, knowingly, or willfully). This is called mens rea.
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Mens Rea State of mind (level of awareness) is different from motive (the reason for the act). A few crimes, like selling alcohol to minors, are strict liability offenses. The act itself is criminal, regardless of state of mind.
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Elements of Crimes Crimes are made up of elements. All of the elements must be present.
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Robbery Taking and carrying away someone’s money or property
From someone’s person Using force or intimidation
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State Crimes Most crimes are state crimes, including Murder Robbery
Arson Assault Drunk driving Shoplifting
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Federal Crimes Federal crimes include
Actions on federal property (like a national park) Tax evasion Mail fraud Espionage Smuggling
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State and Federal Crimes
Some crimes are both state and federal crimes, including Possession of illegal drugs Bank robbery Racially motivated murder
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Accomplice to a Crime An accomplice (assistant) may be convicted of the same offense as the principal offender. For example, the driver of a getaway car may be charged with murder.
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Accessories Accessories before the fact may be charged with the same crime as the principal. Accessories after the fact may not be charged with the same crime as the principal, but may be charged with harboring a fugitive, aiding escape, or obstructing justice.
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Crimes of Omission A crime of omission occurs when a person fails to act, such as failing to pay taxes. Most crimes are crimes of commission.
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Preliminary Crimes Preliminary crimes take place before the commission of a crime, they include Solicitation (asking or urging someone to commit a crime) Attempt (unsuccessfully trying to commit a crime) Conspiracy (an agreement to commit a crime)
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