1. Criminal Law- Laws, Procedures, and Punishments
Lap 2

2. 7 Principles of Criminal Law
Legality
Actus reus
Harm/ resulting injury
Causation
Mens rea
Concurrence
Punishment- stated sanctions for those found guilty

3. Elements of a Crime All must be proven BARD for a conviction
Actus Reus- The criminal act itself
Must be voluntary
Must be defined by law as a crime (“legality”)
Mens Rea- A guilty state of mind
Intent
Done intentionally, knowingly, and willfully
Cole

4. Concurrence and Causation
Concurrence: Both elements (ar/ mr) must be present at the same time
The intent and the act must be related
Causation: The act directly caused the harm suffered
No XX but for YY

5. Recap…. Desire/ Motive Opportunity Personality Evidence
Reason for performing the act
Opportunity
Vs. an alibi
Personality
Evidence

6. Parties to Crimes Principal Accomplice Accessory before the fact
Accessory after the fact

7. Principal
The person who actually engages in the act that constitutes the crime
Ex: Booth shot Lincoln at Ford’s Theater

8. Accomplice
The person who aids or encourages the principal to commit the crime
Receives the same sentence as principal

9. Accessory Before the Fact
An individual who helps to plan the crime
Can receive the same punishment as principal
Must prove intent and “help” s/he supplied
Ex: Husband hires someone to kill his wife
?????Ex: Mary Surrat delivered guns to a tavern to be picked up by Booth and co-conspirators

10. Accessory After the Fact
Helps the principal (and accomplice) to escape capture
harboring a fugitive, aiding an escape . . .
Knew the felony was committed
Punishment less severe
Ex: David Herold helped Booth escape into Maryland and Virginia
?????Dr. Samuel Mudd set Booth’s broken leg when he and Herold appeared at the Mudd home.

11. OTHER Vicarious Liability- responsible for the conduct of another
Enterprise- employees of a corporation were committing crimes while “on the job”
In Homework:
Occupational crime
Cybercrime
Organized crime
Is it a crime: Seinfield clip

12. Who is what
Daniel, Sarah, and Keith decide that they need to find a quick way to pay for the rent and college expenses. The plot to rob the Allegiant bank down the street. It is decided that Sarah and Keith will go in to the bank to demand money. Daniel will remain in the car for the fast getaway. They flee to Illinois where Daniel’s father lives. They do not tell him what they have done, but he is very suspicious after hearing the news report. He encourages them to study abroad. He even loans them the money to do so.

13. Scenario 2
Jeb and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and keeps lookout while Jeb goes inside and cracks the safe. After Jeb and Marci made their getaway, beg meets a fiend, Shawn, who was not involved in the actual burglary. Jeb tells Shawn about the burglary, and Shawn helps Jeb get a train out of town. Davis, a former classmate of Jeb and Marci, witnesses the crime but does not tell the police, even though he recognizes both Jeb and Marci. How will each person be charged?

15. Crime- Suspects and Victims
Defendants/ Suspects:
Young males
Lower income
Non-white
Unemployed
Victims:
Young adult males
Urban dwellers
Lower-income/ poor
Non-white
Uneducated

16. Crime- Suspects and Victims
Problems for Victims:
Fear of defendant
Half of violent crimes are committed by someone known to the victim
Retaliation by associates
Feel they are on trial
Long waits/ trial delays More than half of all major crimes are never reported to the police!