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Chapter 8.  Understand the concept of elements of a crime  Know the three primary culpable (guilty) states of mind associated with most crimes  Understand.

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Presentation on theme: "Chapter 8.  Understand the concept of elements of a crime  Know the three primary culpable (guilty) states of mind associated with most crimes  Understand."— Presentation transcript:

1 Chapter 8

2  Understand the concept of elements of a crime  Know the three primary culpable (guilty) states of mind associated with most crimes  Understand the concept of a strict liability crimes  Be able to identify parties to crimes according to their role in the crime  Understand the concept of preliminary crimes and be able to identify examples

3  Each crime we will study requires proof of certain elements  Elements are like ingredients in a recipe—leave one out, and the prosecution fails, just as the recipe turns out badly  Each element must be proven beyond a reasonable doubt  Example: Robbery is “1. the unlawful taking and carrying away of goods or money, 2. the taking from someone’s person 3. by force or intimidation.”  If someone breaks into your house when you are not home and takes your property, can they be convicted of robbery?

4  But they can be found guilty of burglary

5  Most crimes require not only proof of physical elements, but also a required mens rea (guilty state of mind)  Three most common states of mind:  Intentional acts—did you intend to act as you did? (does not require that you intend the result)  Acts done knowingly  Reckless acts (more than simple carelessness)  Is motive an element of a crime?  VIDEO Intent

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7  A strict liability crime is one that does not require a guilty state of mind—the physical elements alone are proof of the crime  Examples?  Very few crimes are strict liability

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9  There are four “roles” that a person may have in a crime:  Principal—direct actor/participant in crime  Accomplice—person who helps another commit a crime (e.g., getaway driver)  Accessory before the fact—person who plans or orders the crime but does not actually participate (e.g., mob boss who orders “hit”)  Accessory after the fact—no role in the actual crime, but aids or assists someone who was involved to avoid capture.  The first three are generally equally responsible for the crime committed  The accessory after the fact has really committed a “separate” crime

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11  Certain crimes are “complete” even before any direct harmful act has occurred. These are called preliminary crimes.  Solicitation—hiring or asking another to commit a crime (e.g., murder for hire) VIDEO

12  Attempt—requires a “substantial act” toward committing the crime (more than mere “preparation”)  Conspiracy—agreement between two or more people to commit a crime—must include an “overt act” in furtherance of the conspiracy

13  Complete problem 8.3 using Think-Pair-Share  Tell me one question or curiosity you have about the subject of Chapter 8 (general nature of crime)  Turn in for a grade


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