Vocabulary State of mind: prohibited act is done

intentionally, knowingly, or willfully (level or awareness)Example: arson-burning a person’s property

1) dousing an apartment with gasoline and lighting a match

2) leaving the stove on by accident

Motive: reason for performing the actDifference between the two: Robin Hood

Motive: steal from the rich to give to the poorState of mind: intentional

Vocabulary continued Strict liability: crimes that do not require a guilty

state of mind, the act itself is criminalUsually crimes that do not carry severe penaltiesExample: selling alcohol to minors

Principal: person who commits the crimeAccomplice: someone who helps the principal Accessory before the fact: person who orders or

helps the principal but is not present during the crime; they can usually be charged with the same crime

Accessory after the fact: person who knows a crime was committed and helps the principal avoid capture

Crime of Omission: failure to perform an act required by law

Vocabulary continued Elements: every crime is defined by

elements or parts that must all be proven beyond a reasonable doubt to convictExample: Robbery is defined as the unlawful

taking and carrying away of goods or money from someone’s person by force or intimidation

Elements of Robbery 1) talking and carrying away of goods or money 2) taking from someone’s person 3) use of force or intimidation

Is this robbery: Someone breaks into your house when you are not

home and takes your property

Preliminary CrimesBehaviors that take place before another

crime, often in preparation for that crimeThey are complete crimes in themselves and

can be punished even if the other crime never occurred

Ex: when two people agree to rob a bank, they commit the crime of conspiracy, even if they never actually rob the bank

Types of Preliminary CrimesSolicitation – asking, commanding, urging, or

advising another person to commit a crimeDoes not require the person asked to actually

commit the crime, just asking is a crimeAttempt – a person intends to commit a crime

and takes a “substantial step” toward committing the crime

Also occurs when someone performs all elements of the crime but fails to achieve the criminal result

Conspiracy – an agreement between two or more persons to commit a crime

Decide whether any of the following individuals would be guilty of attempt:Martin, a bank teller, figures out a foolproof

method of stealing money from the bank. I takes him some time to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend that tomorrow he will steal the money. His girlfriend tells the police and Martin is arrested an hour later

Gilbert, an accomplished thief, is caught while trying to pick Frank’s pocket. He pleads not guilty and says he cannot be convicted because Frank did not have any money on him

ContinuedRita and Andy decide to rob a liquor store. They

meet at a pub and talk over their plans. Rita leaves to buy a revolver, and Andy leaves to steal a car for their getaway. Rita is arrested as she walks out of the gun store and Andy is arrested while trying to hot-wire a car

Amy decides to burn down her store to collect insurance money. She spreads gasoline around her building. She is arrested while leaving the store to get a book of matches