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Introduction to Criminal Law
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Criminal Law Act – crime committed
Guilty state of mind: prohibited act done intentionally, knowingly, or willfully. This is otherwise known as INTENT. MOTIVE – reason for committing a crime
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Three Elements of Crime
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There’s Always Exceptions
Strict liability offenses – do not require a guilty state of mind Intent not needed Sale of alcohol/tobacco to minors
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Sample Case Someone breaks into your house when you are not home and takes your TV, Computer, and all your DVD’s….. Can the person be charged with robbery?
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Sample Case NOPE! The elements of robbery are:
Taking goods/money Taking from someone else Use of force or intimidation Could be convicted of burglary
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State and Federal Crimes
Laws exist at both levels STATE FEDERAL Simple assault, disorderly conduct, drunk driving, shoplifting Crimes occurring on federal property, tax fraud, mail fraud, espionage, international smuggling, terrorism
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Classes of Crimes Felony – imprisonable by more than one year
Misdemeanor – imprisonable by less than one year Minor traffic violations (parking tickets, some speeding tickets) are not considered crimes = moving violations.
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B. Parties to Crimes Principal-The person who commits the crime (Pulls the trigger) Accomplice-Someone who helps commit the crime (Drives the getaway car)
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Accessories Accessory before or after the fact helps with the crime but does not actually take part Accessory before the fact: Orders the crime, and can also be charged w/the crime (mob hit) Accessory after the fact: Helps the principal/accomplice hide/escape
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Crimes of Omission Crime of omission – when you fail to perform an act required by criminal law. Not filing tax returns Not stopping after accident (hit and run) Other examples?
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C. Preliminary Crimes Solicitation- Ask someone to commit a crime for you (hiring a hit man) Attempt-performs all the elements but fails to carry out the act (caught in the process) Conspiracy- Two or more people agree to commit a crime (terrorism) Overt Act (act open to view) – required for a conviction on a conspiracy charge
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Frontline: Locked up in America
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