1. Criminal Law Chapter 3 Part II

2. Elements of a Crime A crime is defined by 2 elements:  The criminal act  The required state of mind

3. Element #1 “Criminal Act”  Most criminal statutes specifically explain conduct that is forbidden – ex. Stealing  Some criminal law statutes, however, make failure to act a crime.  It must also involve voluntary conduct.  A person cannot be accused of a crime if the accusation is based on one’s physical or mental status or condition – ex. alcoholism

4. Element #2 “Required State of Mind”  What was the state of mind of the accused at the time of the crime?  Example #1: murder forbids the intentional taking of a person’s life – the required state of mind is intent  Example #2: involuntary manslaughter outlaws the unintentional taking of a person’s life  The crime changes according to the state of mind

5. Motive  Unlike the TV shows we watch, motive actually plays no part in proving criminal liability.  If a person has committed a forbidden act with the required state of mind, then that person is criminally liable, regardless of motive.

6. Defenses to Crime  If you were a defense attorney, your job would be to try to show that the prosecution failed to prove the required elements for the crime charge to your client

7. Defense #1 - INSANITY  Law in the US recognizes that people cannot be held accountable for their actions if they did not know what they were doing  The oldest legal test – M’Naghten Rule, developed in England in 1843

8. M’Naghten Rule  To be deemed legally insane under this rule, a defendant must be proven to suffer from a mental disease so serious that he or she did not know the nature or moral inappropriateness of an illegal action at the time it was committed.  Test is still used in about 2/5 of the US states

9. American Law Institute  Developed a more modern test for insanity  Person is not considered responsible if “as a result of mental disease or defect he or she lacks substantial capacity either to appreciate the criminality of their conduct or to conform their conduct to the requirements of the law.”  3/5 of US states follow this ALI test

10. Guilty by Reason of Insanity  People who are found guilty under this plea do not automatically go free  Committed to institutions  Must undergo periodic psychiatric examinations  These people are released only when they are found to be sane

11. Defense #2 - ENTRAPMENT  Law enforcement officers induce a law- abiding citizen to commit a crime = entrapment  Defense must show that the crime would not have been committed without involvement of the officer

12. Defense #3 – SELF-DEFENSE  Having good reason to believe that they are in danger of serious injury or death  Results in using force to protect oneself  Must have tried to retreat before resorting to force  In the home-no retreat necessary  Must not have started it  Did not use excessive force unnecessarily

13. Defense #4 – DEFENSE OF FAMILY MEMBERS  Most states will not punish someone for using force to rescue a family member from attack  Same rules apply with “self defense”

14. POP QUIZ !  Q. What are the elements of a crime?  A. 1. the criminal act and 2. the state of mind  Q. What are the major criminal defenses?  A. insanity, entrapment, self-defense, and defense of family members

15. POP CASE!  Jamal was returning home from walking his dog, when he discovered a 13-year old boy stealing a portable CD player. Jamal unleashed and commanded his dog to attack the boy. The boy was seriously injured by the dog. Can Jamal claim self-defense? Why or why not?

16. Answer  NO. Jamal was not in danger of serious injury or death and the use of the dog could be considered excessive force.