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Chapter 8 – Introduction to Criminal Law
Most crimes require an act to be committed accompanied by a guilty state of mind, meaning that the illegal action was taken intentionally. For instance, if you accidentally take the umbrella of another person while leaving a restaurant, there is no crime, because you did not have a guilty state of mind. State of mind, is different from motive, which is the reason why someone performs an illegal act. Motive is not necessarily a defense for a crime.
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Chapter 8 – Introduction to Criminal Law
There are a few crimes that do not require state of mind. These crimes are called strict liability. The classic example of a strict liability law is that a cashier does not need to know that he is selling alcohol to a minor to be found guilty.
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Chapter 8 – Introduction to Criminal Law
Any crime also is made up of elements. An element is the pieces of action that make up a specific crime. The elements of robbery are (1) taking someone stuff (2) taking it from their person and (3) using force or intimidation.
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Chapter 8 – Introduction to Criminal Law
To be found guilty of robbery, you must be guilty of all three. Someone who breaks into your home while you are not there is not a robber, because they are not taking anything from your person or using force or intimidation. The same person would be guilty of burglary, but not robbery.
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Chapter 8 – Introduction to Criminal Law
Crimes are divided into to major categories: Felonies are punishable by over one year. Misdemeanors are punishable by one year or less.
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Chapter 8 – Introduction to Criminal Law
There are also four types of parties to crimes: A principal is the person who commits the crime. An accomplice is someone who helps the person commit the crime. An accessory before the fact is someone who helps plan a crime but is not there at the time the crime is committed. An accessory after the fact is someone who helps a criminal avoid being captured.
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Chapter 8 – Introduction to Criminal Law
A crime of omission is committed when someone fails to perform an act required by law, for example not filing your taxes.
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Chapter 8 – Introduction to Criminal Law
Preliminary crimes, are behaviors that happen before a crime is committed but are a crime themselves: Soclicitation is asking someone to commit a crime for you. Attempt is often a crime. To be guilty of attempt you must intend to commit a crime and take some substantial step to commit that crime. Conspiract is an agreement between two or more persons to commit a crime.
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