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Copy of Chapter 8- Introduction to Criminal Law
7
Transcript
Solicitation
- ask, command, urge or advise another person to commit a crime
Attempt
Types of Crime
- intent + substantial step towards committing crime
Accessory before the fact
Crimes of Omission-When he or she fails to performs an act required by a criminal law, if he or she is physically able to preform the required act.
- person who orders or helps in planning crime but is NOT present
Principal
- person who commits a crime
Parties to a crime
Conspiracy
Inchoate Crimes-Proof of criminal intent but can be punished even if the harm never occurred
- agreement between 2 or more persons to commit a crime
- want to protect against criminal activity by groups
- Allows police to arrest conspirators before they complete the crime
- overt act=act open to view that occurs as result of conspiracy
Accessory after the fact
Plaintiff- the party who brings a legal action or in whose name it is brought
Defendant-an individual, company, or institution sued or accused in a court of law.
- knows crime is committed, helps principal or accomplice escape
- cannot be charged with original crime
- can be judged with obstruction of justice or harboring a fugitive
crimes of omission
Accomplice
- failure to act results in criminal conduct
- If person is physically able to do so and fails
- failing to file a tax return
- stopping after being in an accident
- Good Samaritan Law
- helps another person commit a crime
- "guilt by association"
Assignment
Introduction to Criminal Law
State of Mind
- prohibited act must be done intentionally, knowingly or willfully
ex: arson
- Mens Rea- the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused
- Grab a computer and research some sort crime with these factors in mind.
- What do you think the state of mind was for the person committing the crime.
- What was the motive?
- What were the different elements of the crime
- Who was involved, what party's were involved
- What happened in the end? What was the punishment?
- Must be at least a half sheet of paper long, turn in on my desk once you are done.
Crime Terminology
- Crime= Something one does or fails to do in violation of a law
- Violation of one's human rights
- Crime = Act + Guilty STATE OF MIND
- Prosecutors must prove
- 1. guilty mental state
- 2. every element of the crime was committed
Motive
- reason why criminal act is committed
Elements
- What must be proven to convict person of a certain crime
- Example: Robbery
- Definition = unlawful taking and carrying away of goods or money by force or intimidation
- Elements
- 1. taking and carrying away of goods or money 2. use of force or intimidation
Introduction to Criminal Law
Strict liability
- Offenses that are criminal even if there is no guilty state of mind
- ex. Selling alcohol to minors
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