Introduction to Criminal Law. Chapter 8

Transcription

1 Introduction to Criminal Law Chapter 8

2 Objectives 1. Name three elements of a guilty state of mind. 2. Describe the difference between crimes and a state of mind. 3. Identify an example of strict liability offenses. 4. Stat how a strict liability offenses differs from other crimes. 5. Define the terms state of mind, motive, and strict liability crime. 6. Describe the elements of a crime and the requirements that prosecutors face in proving guilt. 7. Distinguish between the elements of burglary and robbery. 8. Explain how a single act can b tried in both a criminal court and a civil court. 9. Define the term elements. 10. Identify two or three crimes typically prosecute only in stat courts. 11. Identify two or three crimes prosecuted only in federal courts. 12. Identify two or three crimes that may bee prosecuted in either stat or federal courts. 13. Define terms felony and misdemeanor. 14. Distinguish between felonies and misdemeanors. 15. Distinguish between a principal and an accomplice in a crime. 16. Compare legal consequence for principals and accomplices. 17. Distinguish between and give examples of accessory before the fact and accessory after the fact.

3 18. Define the terms principal, accomplice, accessory before the fact, accessory after the fact, and crime of omission. 19. Describe and give examples of crimes of omission. 20. Explain the purpose or function of criminalizing certain behaviors that occur before the crime is committed. 21. Define the terms solicitation, attempt, conspiracy, misprision of felony and overt. 22. State examples of solicitation. 23. Describe the crime of attempt and give examples. 24. Give examples of conspiracies. 25. Describe the relationship between an overt act and a conviction for conspiracy. 26. Develop a hypothesis to explain why it is illegal to fail to inform authorities about illegal activities.

4 I. Introduction A. Almost all crimes require an act. 1. State of mind 2. Motive- B. Strict liability A prohibited act was done intentionally, knowingly or willfully. The reason for performing an act. Does not require a guilty state of mind. Does not require a guilty state of mind. The act itself is criminal regardless of knowledge or intent of the person. Most often strict liability statues are limited to crimes that do not carry sever penalties.

5 II. General Considerations A. Elements- 1. Example robbery: defined as taking goods or money from someone s person by force or intimidation. a. b. c. The taking and carrying away of goods or money, The taking from someone's person, and use of force or intimidation.

6 Problem 1: Working individually read the following story then answer the questions that follow: Anton is a bully. One night while eating at a local diner, he notices Derek selecting a tune on the jukebox. Anton does not like the song Derek picks, so to show his pals who is in charge, Anton orders Derek to change the song. When Derek refuses, Anton punches him in the face, braking Derek s jaw. As a result of the injury Derek misses several weeks of work and has to pay both medical and dental bills. a. Has Anton violated civil laws, criminal laws, or both? b. Who decides whether Anton should b charged criminally? Sued in a civil action? c. If Anton is charged with a crime and sued in a civil action, would the civil and criminal case be tried together? Why or why not? d. Would procedures in a criminal trial be the same as those in a civil trial? Why or why not? e. Is going to court the only way to handle this problem? What alternative are there and which do you think would work best?

7 B. Criminal/Civil 1. A single act can be both a crime and a civil wrong. C. State and Federal Crimes 1. Criminal laws exist 2. Some acts can only be 3. Others like 4. Both at the state and federal levels. Be prosecuted at the state level such as assault, disorderly conduct, drunk driving, and shop lifting. Failure to pay federal taxes, mail fraud, espionage, and international smuggling can only be prosecuted federally. Some are prosecuted at both levels i.e. possession of drugs or bank robbery.

8 D. Classes of Crimes 1. Felony- A crime for which the potential penalty is imprisonment for more than one year. (usually serious crimes) Is any crime for which the potential 2. Misdemeanor- penalty is imprisonment for one year or less.

9 E. Parties to Crimes 1. Principal- The person who commits a crime. 2. Accomplice- Someone who helps the principal commit a crime. 3. Accessory before the fact- Person who orders a crime or helps the principal commit the crime, but who is not present during the crime. 4. Accessory after the fact- Is a person who, knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape. Not charged with the original crime but may be charged with other things.

10 Problem 2: Read as a table then answer: Jeb and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drive a van to the store and keeps a lookout while Jeb goes inside and cracks the safe. After Jeb and Marci make their getaway, Jeb meets a friend, Shawn, who was not involved in the actual burglary. Jeb tells Shawn about the burglary, and Shawn helps Jeb get a train out of town. David, a former classmate of Jeb and Marci, witnesses the crime but does not tell the police, even though he recognizes both Jeb and Marci. How will each person be charged? Discuss and write your answers down.

11 F. Crimes of Omission 1. It can be a crime if the person had a legal duty to act. (i.e. A taxpayer fails to file a tax return). 2. You commit a crime of omission when you fail to perform and act required by a criminal law if you are physically able to perform the act..

12 III. Preliminary Crimes (Certain types of behavior take place before, and often in preparation for, the commission of a crime. However these preliminary crimes are complete crime in themselves.) A. Solicitation 1. A number of states Make it a crime for another person to command, urge, or advise another person to commit a crime. that the person solicited actually 2. It does require commits the crime.

13 B. Attempt 1. In most states a crime. 2. The accused must have both 3. When someone performs all of the elements of a crime but fails 4. Courts must determine An attempt to commit a crime is itself, intended to commit And has taken some substantial step toward commit the crime. Mere preparation is not enough. to achieve the Criminal result, an attempt has occurred. whether the action of accused constituted a substantial step toward the actual commission of the crime or were mere acts of preparation.

14 Problem 3: With a partner: Abe, Kristi, Chin, and Hannah see Jill drowning in a lake, but none of them takes steps to save her. Abe is the girl s father. Kristi deliberately pushed Jill into the lake by shoving Chin against her. Hannah, a medal-winning swimmer, just stands and watches. Would any of the four be criminally liable for Jill s drowning? Should any of them be liable? Explain your answer.

15 Problem 4: Read the following situations individually and decide whether any of the individuals involved would be guilty of the crime of attempt. a. Martin, a bank teller, figures out of foolproof method of stealing money from the bank. It takes him some time to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend, Yuka, that tomorrow he will steal the money. Yuka goes to the police, and Martin is arrested an hour later. b. Gilbert, an accomplished thief, is caught while trying to pick Lewis s pocket. He pleads not guilty and says he cannot possibly be convicted, because Lewis did not have a penny on him. c. Rita and Anwar decide to rob a liquor store. They meet at a pub and take over their plans. Rita leaves to buy a revolver and Anwar leaves to steal a car for use in their getaway. Rita is arrested as she walks out of the gun shop with her new revolver. Anwar is arrested while trying to hot-wire a car. d. Amy decides to burn down her store to collect the insurance money. She spreads gasoline around the building. She is arrested while leaving the store to get a book of matches.

16 C. Conspiracy 1. It is 2. Meant to 3. Sometimes criticized as a threat 4. Overt An agreement between two or more persons to commit a crime. prevent other crimes and to strike against, Criminal activity by groups. Allows police to arrest before they com close to completing the crime. To freedom of speech and association i.e. Vietnam.how to avoid the draft. An act that is open to view is required for conviction on a conspiracy charge. i.e. John Walker Lindh 2001 terrorist attacks