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General Considerations
5-1 General Considerations
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Goals I can identify the parties to a crime
I can apply general crime terminology to cases.
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Parties to Crime In any crime that is committed it is important to identify what role each person involved played in the action. This identification is used for sentencing for the crime
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Four Parties Principal: Accomplice
The person that commits a crime (fires the gun) Accomplice Person that helps carry out the crime (getaway driver) This person is usually charged with the same crime as the Principal.
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Four Parties Accessory before the fact Accessory after the fact
Person that orders a crime or helps carry out the crime (mob boss) This person is usually charged with the same crime as the Principal. Accessory after the fact A person, who, knowing a crime has been committed, helps the others involved. May be helping them get away or hiding evidence Will not be charged with the original crime, but will be charged with crimes they commit such as harboring a fugitive or obstructing justice.
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Crimes of Omission Most crimes occur when a person does something.
Failing to act – called an omission – may be crime if the person had a legal duty to act. Examples: Not filing your taxes Hit and run
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Preliminary Crimes Certain crimes can take place even before the act takes place. This allows the police to attempt to stop the action before it can harm others. Solicitation Attempt Conspiracy
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Solicitation It is illegal to ask, command, urge, or advise another to commit a crime. You can be charged with solicitation even if the crime is not committed. Jeff asks Dennis to kill his wife for him. Dennis refuses. Jeff is guilty of the crime of solicitation
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Attempt It is a crime to attempt to commit a crime.
To be guilty, the accused must have both intended to commit a crime and taken some “substantial step” toward committing the crime. Mere preparation to commit a crime is not enough. Example: Bob shoots at Mary but misses her. He will be charged with attempted murder.
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You be the Judge Read the cases and make your decision!
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Conspiracy A conspiracy is an agreement between two or more persons to commit a crime. The designation of conspiracy as a crime is meant to prevent other crimes and to strike criminal activity by groups. It allows police to arrest conspiracies if they become dangerously close to completing the crime. Example: Al-Qaeda network after 911
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JFK Magic Bullet: https://www.youtube.com/watch?v=Th-s3dbboJQ
Was the another shooter? Other side: A Do you believe the science?
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