A Criminal Act

• Actus reus = criminal act– Wrongful deed– Society will not punish for a status

• Robinson v. California (1962)

– Involuntary Conduct

A Criminal Act

• Actus reus = criminal act– Wrongful deed– Society will not punish for a status

• Robinson v. California (1962)

– Involuntary Conduct • Sleep Walking• DUI

A Criminal Act

• Actus reus = criminal act– Wrongful deed– Society will not punish for a status

• Robinson v. California (1962)

– Involuntary Conduct – Possession as an Act

A Criminal Act

• Actus reus = criminal act– Wrongful deed– Society will not punish for a status

• Robinson v. California (1962)

– Involuntary Conduct – Proof of an Act– Possession as an Act– Criminal Failure to Act

The Elements of the Crime

• A Criminal Act

• A Criminal State of Mind

The Elements of the Crime

• A Criminal Act

• A Criminal State of Mind– mens rea = a guilty mind

The Elements of the Crime

• A Criminal Act

• A Criminal State of Mind– General Intent = the willful commission of an

act– Specific Intent = something additional

Criminal Intent

• Purposely

• Knowingly

• Recklessly• Negligently

(a) Purposely.A person acts purposely with respect to a

material element of an offense when:(i) if the element involves the nature of his

conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and(ii) if the element involves the attendant

circumstances, he is aware of the existence of such circumstances or he believes or

hopes that they exist.

Attendant CircumstancesAttendant circumstance (sometimes external

circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an

event." In Illinois Attendant Circumstances, Mens Rea and Actus

Reus are known as the ELEMENTS of the Crime

• Criminal Trespass to Vehicle

• Perjury

• Bigamy

(b) Knowingly.A person acts knowingly with respect to a

material element of an offense when:(i) if the element involves the nature of his

conduct or the attendant circumstances, he is aware that his conduct is of that nature or

that such circumstances exist; and(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a

result.

CRIMINAL OFFENSES(720 ILCS 5/) Criminal Code of 1961.

      (720 ILCS 5/Art. 19 heading) ARTICLE 19. BURGLARY

    (720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1)     Sec. 19‑1. Burglary.

    (a) A person commits burglary when without authority he knowingly enters or without authority remains within a

building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part

thereof, with intent to commit therein a felony or theft.

(c) Recklessly.A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree

that, considering the nature and purpose of the actor's conduct and the circumstances

known to him, its disregard involves a gross deviation from the standard of conduct that a

law-abiding person would observe in the actor's situation.

(d) Negligently.A person acts negligently with respect to a

material element of an offense when he should be aware of a substantial and

unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree

that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the

standard of care that a reasonable person would observe in the actor's situation.

How does motive differ from intent in criminal law?

• A Criminal Act

• A Criminal State of Mind– General Intent = the willful commission of an

act– Specific Intent = something additional– Proving Criminal Intent

• Circumstantial Evidence

The Elements of the Crime

• A Criminal Act

• A Criminal State of Mind

• Concurrence of a Criminal Act and a Criminal State of Mind

The Elements of the Crime

• A Criminal Act

• A Criminal State of Mind

• Concurrence of a Criminal Act and a Criminal State of Mind

• Causation = A relationship between two phenomena in which the occurrence of the former brings about change in the latter. In the legal sense, causation is the element of a crime that requires the existence of a causal relationship between the offender’s conduct and the particular harmful consequences.

• A Criminal Act

• A Criminal State of Mind

• Concurrence of a Criminal Act and a Criminal State of Mind

• Causation = A relationship between two phenomena in which the occurrence of the former brings about change in the latter. In the legal sense, causation is the element of a crime that requires the existence of a causal relationship between the offender’s conduct and the particular harmful consequences.

– Intervening Act

At the State's request--and over defendant's objection--the trial court instructed the jury

as follows:        "The expression 'proximate cause,'

means any cause which, in [266 Ill.App.3d 377] the natural or probable sequence,

produced the death or great bodily harm complained of. It need not be the only

cause, nor the last or nearest cause. It is sufficient if it concurs with some other cause

acting at the same time, which in combination with it, causes the death or

great bodily harm."

Liability without Fault

• Strict Liability– Selling Liquor to Minors– Statutory Rape– Teachers having Sex with Minors

• Vicarious Liability

• Enterprise Liability

Liability without Fault

• Strict Liability– Selling Liquor to Minors– Statutory Rape– Teachers having Sex with Minors

• Vicarious Liability

• Enterprise Liability

Burden of Proof

Beyond a Reasonable Doubt

Preponderance of the Evidence

Burden of Proof

•  (720 ILCS 5/3‑2) (from Ch. 38, par. 3‑2)     Sec. 3‑2. Affirmative defense.     (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.     (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)

Burden of Proof

• (720 ILCS 5/3‑1) (from Ch. 38, par. 3‑1)     Sec. 3‑1. Presumption of innocence and proof of guilt.     Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt. (Source: Laws 1961, p. 1983.)

Burden of Proof

•  (720 ILCS 5/3‑2) (from Ch. 38, par. 3‑2)     Sec. 3‑2. Affirmative defense.     (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.     (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)

Theft•  A person commits

theft when he knowingly obtains or exerts unauthorized control over property of the owner and intends to deprive the owner permanently of the use or benefit of the property.

• Mens Rea/Mental State– Knowingly

• Actus Reus– Obtains or exerts control

over property• Attendant Circumstances

– UnauthorisedAND

• Mens Rea/Mental State– Intends

• Actus Reus– Permanently Deprive

• Attendant Circumstances– Use or benefit of the

property

Theft• Direct Evidence

– Offender goes into your pocket of purse and takes your wallet

• Circumstancal Evidence– Offender is found with your wallet in his/her

possession

Theft• Direct Evidence

– Offender goes into your car and drives away

• Circumstancal Evidence– Offender is found driving around in your car

Retail TheftA person commits the offense ofRetail theft when he or sheknowingly takes possession of,carries away, transfers orcauses to be carried away ortransferred, any merchandisedisplayed, held, stored or offeredfor sale in a retail mercantile establishment with the intention of retaining such merchandise orwith the intention of depriving themerchant permanently of thepossession, use or benefit of suchmerchandise without paying thefull retail value of suchmerchandise.

• Mens Rea/Mental State– Knowingly

• Actus Reus– Takes possession of– Carries Away– Transfers

• Attendant Circumstances– Merchandise

• Displayed• Held• Stored• Or offered for sale

– Retail Mercantile Establishment

AND

Retail TheftA person commits the offense ofRetail theft when he or sheknowingly takes possession of,carries away, transfers orcauses to be carried away ortransferred, any merchandisedisplayed, held, stored or offeredfor sale in a retail mercantile establishment with the intention of retaining such merchandise orwith the intention of depriving themerchant permanently of thepossession, use or benefit of suchmerchandise without paying thefull retail value of suchmerchandise.

• Mens Rea/Mental State– Intent

• Actus Reus– Retaining

• Attendant Circumstances– Such Merchandise

OR• Mens Rea/Mental State

– Intent

• Actus Reus/The Act– Permanently Depriving

• Possession• Use• Benefit

• Attendant Circumstances– Merchandise– Full Retail Value

Retail Theft

• Direct Evidence– Security observes a customer remove an item from

the store, place it under his or her coat any exit the store.

• Circumstantial Evidence– Security observes a customer handling a watch and

later observes on a recording of the security camera the customer make a move that could be construed as placing the watch up his sleeve. An inventory reveals a watch missing.

Burglary

A person commits burglary when

without authority he knowingly enters

or without authority remains within a

building, housetrailer, watercraft,

aircraft, motor vehicle as defined in

the Illinois Vehicle Code, railroad car,

or any part thereof, with intent to

commit therein a felony or theft. This

offense shall not include the offenses

set out in Section 4‑102 of the Illinois

Vehicle Code.

• Mens Rea/Mental State– Knowingly

• Actus Reus– Enters or Remains Within

• Attendant Circumstances– Intent to Commit a theft or

felony therein

– Building, housetrailer,watercraft, aircraft, motor vehcile, or railroad car

Burglary

• Direct Evidence– As you drive your new squad car down the

street you observed the subject on the front porch yell, “I’m going to kick in this door and enter this premise to commit a theft or other felony therein.”

• Circumstantial Evidence– Everything else

Arson

A person commits arson when, by

means of fire or explosive, he

knowingly damages any real

property, or any personal property

having a value of $150 or more, of

another without his consent or

with intent to defraud an insurer,

damages any property or any

personal property having a value

of $150 or more.    

• Mens Rea/Mental State– Knowingly

• Actus Reus/Act– Damages Property

• Attendant Circumstances– Fire or Explosion– Real or Personal Property– Of Another– Without consent of Owner– Valued of $150 or more

OR

Arson

A person commits arson when, by

means of fire or explosive, he

knowingly damages any real

property, or any personal property

having a value of $150 or more, of

another without his consent or

with intent to defraud an insurer,

damages any property or any

personal property having a value

of $150 or more.    

• Mens Rea/Mental State– Intent to Defraud an Insurer

• Actus Reus/Act– Damages Property

• Attendant Circumstances– Fire or Explosion– Real or Personal Property– Of Another– Valued of $150 or more

Arson

• Direct Evidence– Subject is observed throwing a Molotov Cocktail

through the front window of a neighbor’s home

• Indirect Evidence– The neighbor is observed walking into the house next

door with two five gallon containers of gasoline. The neighbor walks out several minutes later without the containers. Thirty minutes later the house is fully engaged in flames.

Battery

• A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual

• Mens Rea/Mental State– Intentionally or Knowingly

• Actus Reus– Causes Bodily Harm, or– Makes Physical Contact of

an Insulting or Provoking Nature

• Attendant Circumstances– Without Legal Justification– Individual

Aggravated Battery

• A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery

• Mens Rea/Mental State– Intentionally or Knowingly

• Actus Reus– Causes Bodily Harm, or– Makes Physical Contact of an

Insulting or Provoking Nature• Attendant Circumstances

– Without Legal Justification– Individual

AND• Mens Rea/Mental State

Intentionally or Knowingly• Actus Reus

– Causes Great Bodily Harm, – Permanent Disability – Permanent Disfigurement

Assault

• A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.

• Mens Rea/Mental State

• Actus Reus– Engages in Conduct

• Attendant Circumstances– Without Legal Justification– Places Another in

Reasonable Apprehension of Receiving a Battery

Stalking

• A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof

• Mens Rea/Mental State– Knowingly

• Actus Reus– Follows– Places Under Surveillance(or any combination thereof)

• Attendant Circumstances/Elements– Two OccassionsAnd– (1) at any time transmits a threat of

immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or        

– (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or        

– (3) places that person in reasonable apprehension     that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. 

Stalking• A person commits stalking when he

or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:         (1) at any time transmits a threat of immediate or     future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.   

– Additional Attendant Circumstances/Elements

– at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or    

    – places that person in reasonable

apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or 

       – places that person in reasonable

apprehension     that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. 

or

Stalking

• A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:         (1) follows that same person or places that same     person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and (3) the threat is directed towards that person or a     family member of that person.

• Mens Rea/Mental State– Knowingly

• Actus Reus/Criminal Act– Follows– Places under surveillance

• Attendant Circumstances/Elements

– Previously convicted– Transmits a threat of immediate of

future bodily harm, sexual assault, confinement, or restraint

– Threat is directed towards that person or a family member of that person

– Without Lawful Justification