Chapter 8Chapter 8Introduction to Introduction to Criminal LawCriminal Law

To be a crime, an illegal act must To be a crime, an illegal act must be accompanied by a “guilty state be accompanied by a “guilty state

of mind.” of mind.” (done intentionally, knowingly, or willfully)(done intentionally, knowingly, or willfully)

If Marilyn accidentally forgot to turn off the stove and it If Marilyn accidentally forgot to turn off the stove and it caught on fire, that is not a “guilty state of mind”caught on fire, that is not a “guilty state of mind”

If Marilyn used a match to light the curtains on fire to burn If Marilyn used a match to light the curtains on fire to burn down her parents home, that IS a “guilty state of mind”down her parents home, that IS a “guilty state of mind”

Criminal LawCriminal Law State of Mind is different from MOTIVE: a State of Mind is different from MOTIVE: a

person’s reason for performing the act.person’s reason for performing the act. IE – Robin Hood stole to give to the poor, but his state IE – Robin Hood stole to give to the poor, but his state

of mind was intentional so he would be guilty of a of mind was intentional so he would be guilty of a crimecrime

STRICT LIABILITY OFFENSES: does not STRICT LIABILITY OFFENSES: does not require a guilty state of mind. The act require a guilty state of mind. The act itself is criminal.itself is criminal.

IE – Someone selling alcohol to a minor or statutory IE – Someone selling alcohol to a minor or statutory raperape

(even if the person DID NOT know the age of the other person, it is a crime)(even if the person DID NOT know the age of the other person, it is a crime)

General ConsiderationsGeneral Considerations Elements of the Crime:Elements of the Crime: each individual part of the each individual part of the

crimecrime

IE – Robbery (3 parts to be proven in court) IE – Robbery (3 parts to be proven in court) if someone stole FROM YOUif someone stole FROM YOU

Taking and carrying away of goods or moneyTaking and carrying away of goods or money Take from a personTake from a person Use of force or intimidationUse of force or intimidation

IE – Burglary (you weren’t home when things IE – Burglary (you weren’t home when things were stolen)were stolen)

Taking and carrying away of goods or moneyTaking and carrying away of goods or money NOT TAKEN FROM PERSONNOT TAKEN FROM PERSON SO NO FORCE OR INTIMIDATIONSO NO FORCE OR INTIMIDATION

General ConsiderationsGeneral Considerations Type of CrimeType of Crime

Criminal and/or CivilCriminal and/or Civil Criminal = Crime against persons or Criminal = Crime against persons or

propertyproperty

= Can be punished by jail time, fine = Can be punished by jail time, fine or or

supervisionsupervision• Civil = Crime of monetary valueCivil = Crime of monetary value

= Punished by fine/restitution= Punished by fine/restitution

Anton is a bully. One night while eating at a local Anton is a bully. One night while eating at a local diner, he notices Derek eating at a nearby table. Anton diner, he notices Derek eating at a nearby table. Anton does not like the band displayed on Derek’s T-shirt, so does not like the band displayed on Derek’s T-shirt, so to show his pals who is in charge, Anton orders Derek to show his pals who is in charge, Anton orders Derek to sit at another table. When Derek refuses, Anton to sit at another table. When Derek refuses, Anton punches him in the jaw. As a result of the injury, Derek punches him in the jaw. As a result of the injury, Derek misses several weeks of work and has to pay both misses several weeks of work and has to pay both medical and dental billsmedical and dental bills

1)1) Has Anton violated civil laws, criminal laws, or both?Has Anton violated civil laws, criminal laws, or both?

2)2) Who decides whether Anton should be charged criminally? Who decides whether Anton should be charged criminally? Who decides whether or not to sue Anton in a civil action?Who decides whether or not to sue Anton in a civil action?

3)3) If Anton is charged with a crime and is sued in a civil If Anton is charged with a crime and is sued in a civil action, would the civil and criminal cases be tried action, would the civil and criminal cases be tried together? WHYtogether? WHY

4)4) Is going to court the only way to handle this problem? Is going to court the only way to handle this problem? What alternatives are there and which do you think would What alternatives are there and which do you think would work best?work best?

Criminal Law Criminal Law (continued)(continued)

State and Federal CrimesState and Federal Crimes Crimes are classified by state or federal crimes Crimes are classified by state or federal crimes

or bothor both

Classes of CrimesClasses of Crimes FelonyFelony = a more serious crime in which = a more serious crime in which

punishment of one or more years is possiblepunishment of one or more years is possible Misdemeanor Misdemeanor = a less serious crime in which = a less serious crime in which

punishment is one year or lesspunishment is one year or less

Harold and Marci decide to burglarize Superior Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the Superior, helps by telling them the location of the store vault. Marci drives a van to the store and store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Marci make cracks the safe. After Harold and Marci make their getaway, Harold meets a friend, Shawn, who their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he crime but does not tell the police, even though he recognizes both Harold and Marci. How will each recognizes both Harold and Marci. How will each person be charged?person be charged?

TALK WITH A PARTNER AND DECIDE HOW EACH TALK WITH A PARTNER AND DECIDE HOW EACH PERSON WILL BE CHARGEDPERSON WILL BE CHARGED

How should they be charged?How should they be charged?

Harold?Harold? Marci?Marci? Carl?Carl? Shawn?Shawn? David?David?

Criminal LawCriminal Law Parties to CrimesParties to Crimes

Principal – the person who committed the crimePrincipal – the person who committed the crime Accomplice – someone who helps the principal Accomplice – someone who helps the principal

commit a crimecommit a crime ““Accessory before the fact” – someone involved in the crime BEFORE the Accessory before the fact” – someone involved in the crime BEFORE the

crime is committedcrime is committed ““Accessory after the fact” – someone who knowingly helps after the crime Accessory after the fact” – someone who knowingly helps after the crime

has been committedhas been committed

Crimes of OmissionCrimes of Omission When a person fails to perform an act required When a person fails to perform an act required

by a criminal law, if the person is ableby a criminal law, if the person is able Hit and Run – required by law to stop and wait until the police come and Hit and Run – required by law to stop and wait until the police come and

sort things outsort things out

Abe takes his daughter Jill and her friends Abe takes his daughter Jill and her friends Kristi and Chin to the lake. While horsing Kristi and Chin to the lake. While horsing around on the dock, Kristi deliberately around on the dock, Kristi deliberately shoves Chin into Jill, causing Jill to fall shoves Chin into Jill, causing Jill to fall into the water. Jill lands awkwardly and into the water. Jill lands awkwardly and sinks to the bottom. Chin pushes Kristi sinks to the bottom. Chin pushes Kristi back, ignoring Jill’s plight. Hannah, a back, ignoring Jill’s plight. Hannah, a bystander and an expert swimmer, glares bystander and an expert swimmer, glares at Kristi but takes no other action. Abe at Kristi but takes no other action. Abe confronts the group, demanding that confronts the group, demanding that they do something. If Jill drowns, would they do something. If Jill drowns, would any of the witnesses be criminally libel? any of the witnesses be criminally libel? Should any of them be libel in any way?Should any of them be libel in any way?

Preliminary CrimesPreliminary Crimes ““Inchoate Crimes” – Inchoate Crimes” – actions in preparation for committing a crimeactions in preparation for committing a crime

Solicitation – to ask, command, urge or advise Solicitation – to ask, command, urge or advise another person to commit a crime (IE – hiring another person to commit a crime (IE – hiring someone to murder another person)someone to murder another person)

Attempt – the accused must have intended to commit Attempt – the accused must have intended to commit a crime and taken some “substantial step” towards a crime and taken some “substantial step” towards committing the crime. (IE – you try to murder committing the crime. (IE – you try to murder someone by shooting them but you missed.)someone by shooting them but you missed.)

Conspiracy – an agreement between two or more Conspiracy – an agreement between two or more people to commit a crime, coupled with an intent to people to commit a crime, coupled with an intent to commit the crime and some action or conduct that commit the crime and some action or conduct that furthers the agreement (IE – terrorist cells in the US furthers the agreement (IE – terrorist cells in the US planning an attack on the US)planning an attack on the US)

* an overt act (action in plain view) is required to convict of* an overt act (action in plain view) is required to convict of

conspiracyconspiracy

Three students – Johnson, Hector and Ronnie – hate school. On Three students – Johnson, Hector and Ronnie – hate school. On Monday, they discuss a plan to commit arson and burn down their Monday, they discuss a plan to commit arson and burn down their school. On Tuesday, the three of them purchase kerosene and school. On Tuesday, the three of them purchase kerosene and matches at the local hardware store. On Wednesday, Johnson, matches at the local hardware store. On Wednesday, Johnson, Hector and Ronnie load the kerosene and matches into Hector’s Hector and Ronnie load the kerosene and matches into Hector’s truck and drive together to the school. They carry the kerosene truck and drive together to the school. They carry the kerosene and matches towards the school, pour kerosene near the school and matches towards the school, pour kerosene near the school and light a match. A police officer notices them and runs over to and light a match. A police officer notices them and runs over to arrest them.arrest them.

a.a. At what point, if any are Johnson, Hector and Ronnie At what point, if any are Johnson, Hector and Ronnie guilty of the crime of conspiracy in most states?guilty of the crime of conspiracy in most states?

b.b. At what point, if any, are Johnson, Hector and At what point, if any, are Johnson, Hector and Ronnie guilty of the crime of attempted arson?Ronnie guilty of the crime of attempted arson?

c.c. Assume that Johnson changes his mind and decides Assume that Johnson changes his mind and decides not to participate in the arson after he goes to the not to participate in the arson after he goes to the hardware store with Hector and Ronnie to purchase hardware store with Hector and Ronnie to purchase the kerosene and matches. Could he be charged the kerosene and matches. Could he be charged with any crime? If so, what crime?with any crime? If so, what crime?