INTRODUCTION TO CRIMINAL LAW

Chapter 8

Objectives

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

Crimes Consist of Elements 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?

NO

But they can be found guilty of burglary

Culpable (Guilty) States of Mind

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

Problem 8.1

Strict Liability Crimes

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

Problem 8.2

Parties to Crimes

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

Chapter 8 Answer SHeet

Preliminary Crimes

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

Preliminary Crimes 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

Check for Understanding

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